Copeland v. United States, 8316.
| Decision Date | 20 May 1937 |
| Docket Number | No. 8316.,8316. |
| Citation | 90 F.2d 78 |
| Parties | COPELAND et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
R. B. Giles and Clint W. Hager, both of Atlanta, Ga., for appellants.
Lawrence S. Camp, U. S. Atty., and I. K. Hay, Asst. U. S. Atty., of Atlanta, Ga., for the United States.
Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.
On April 6, 1936, an indictment was returned charging that on the 1st day of July, 1933, and continuing until the date of the return of the indictment, J. T. Copeland, C. H. McBerry, and Morris Goldstein had conspired to violate the internal revenue laws by distilling, possessing, and disposing of intoxicating liquor. Named as parties to the conspiracy, but not charged with the crime, were Max Goldstein, Hugh Wallace, Frank Lovern, Eddie Gravitt, Thurston Broadus, Doyle Middlebrooks, John Wingo, Martin Luther Chambers, James Mathers, Samuel W. Teal, and Frank Maine, and other persons to the grand jurors unknown. The indictment alleged twenty-three overt acts, but it is unnecessary to state them.
Copeland and McBerry were put on trial. The record does not disclose why Morris Goldstein was not tried at that time. At the close of the evidence defendants moved for a directed verdict, which was denied. A verdict of guilty was returned by the jury, upon which sentence of two years imprisonment was imposed on each of the defendants. Error is assigned to the overruling of the motion to direct.
There was evidence tending to show that Copeland was sometimes known as J. T. and McBerry was sometimes known as Peanut. They lived about 200 yards from each other, about 4 miles north of Hampton on the Macon-Atlanta Highway, McBerry operated a filling station and store. Copeland's occupation was not shown. Morris Goldstein was the proprietor of a business in Griffin, Ga., which was called a junk yard. In addition to dealing in junk, he sold sugar, meal, and other articles that could be used in making illegal whisky and also for legitimate purposes. A government agent, Parrish, listened to conversations over Morris Goldstein's telephone line, which had been tapped, from January 15, 1936, to March, 1936, and made stenographic notes of conversations. Using these notes to refresh his recollection, he testified as follows: He intercepted a call on January 21, 1936, between Morris Goldstein and a person who called himself J. T., in which J. T. placed an order for sugar, meal, malt, and yeast. Shortly after this conversation, he followed Goldstein's truck from Goldstein's place of business to the home of J. T. Copeland. In the truck were a number of sacks. After staying at Copeland's house some time, the truck proceeded to McBerry's filling station, where it stopped for ten minutes. He testified that he could see through some cracks in the side of the truck and that it contained 100-pound sacks of brown sugar. He did not see the truck unloaded either at Copeland's or McBerry's, but afterwards discovered it was empty when it went back to Griffin. There was no explanation by the witness as to how he knew the contents of the bags were brown sugar. He overheard a telephone conversation, on March 6, 1936, between Morris Goldstein and a person calling himself Peanut. An order for sugar, meal, malt, and tin cans was placed for delivery about 4:30 p. m. Parrish went to the home of Copeland about 4:35. Goldstein's truck was standing in the yard and several men were moving around it. Parrish stayed there about twenty minutes and followed the truck a short distance when it left. He did not testify to seeing anything in the truck or whether it was empty or loaded when it left Copeland's place. He intercepted another call, on February 18, 1936, between Goldstein and a person who said he was J. T. An order was placed for sugar, rye, meal, a double heavy 220 barrel and two railroad irons. J. T. also said: "Did Peanut say anything to you about any sugar the other day?" and Goldstein answered: "Yes." Another call had been intercepted on January 24, 1936, between Morris Goldstein and a man who called...
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