Battles v. United States, 24743.
Decision Date | 22 January 1968 |
Docket Number | No. 24743.,24743. |
Citation | 388 F.2d 799 |
Parties | Gerald Henry BATTLES, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
William B. Alexander, Robert G. Johnston, Cleveland, Miss., for appellant.
H. M. Ray, U. S. Atty., E. Grady Jolly, Jr., Asst. U. S. Atty., Oxford, Miss., for appellee.
Before BROWN, Chief Judge, and GEWIN and WRIGHT,* Circuit Judges.
Appellant was indicted and tried before a jury for a violation of the Dyer Act, 18 U.S.C. § 2312 (1964 ed.).1 At the close of the Government's case, appellant's motion for judgment of acquittal based on alleged insufficiency of the Government's evidence was denied by the trial judge. Appellant offered no evidence and, after resting his case, unsuccessfully renewed his motion for judgment of acquittal. The jury returned a verdict of guilty as charged. Appellant then filed a post-trial motion for judgment of acquittal or, in the alternative, a motion for new trial. After briefs were submitted by both parties, the trial judge, the Honorable Claude F. Clayton, issued an order and an opinion of the court, denying appellant's motions. On appeal appellant presents the identical arguments made below in support of his various motions.
Judge Clayton's opinion fairly and fully presents and analyzes the facts of the case and, with one exception, adequately treats the relevant legal principles. Consequently, we quote extensively from his opinion:
On this analysis, Judge Clayton correctly concluded that the evidence supported the jury's verdict. One point, neither briefed nor argued by appellant, remains to be discussed. It is well established in this circuit that in a case in which the evidence relied upon to establish guilt is entirely circumstantial, the trial judge may not deny a ...
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Gordon v. United States
...228 F.2d 114, 116 (5th Cir. 1967); Jelaza v. United States, 179 F.2d 202, 204-205 (4th Cir. 1950). See also: Battles v. United States, 388 F.2d 799, 802 (5th Cir. 1968); Government of Virgin Islands v. Lake, 362 F.2d 770, 775 (3d Cir. 1966); Wright, Federal Practice & Procedure § 374 31 To ......
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