Hall v. United States

Citation330 F.2d 558
Decision Date22 May 1964
Docket NumberNo. 20631.,20631.
PartiesL. Buford HALL, L. Felton Hall, and Ernest W. Hall, Appellants, v. UNITED STATES of America, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Wesley R. Asinof, Atlanta, Ga., for appellants.

Bobby C. Milam, Asst. U. S. Atty., Atlanta, Ga., Bobby C. Milam, Asst. U. S. Atty., for appellee.

Before MARIS,* GEWIN and BELL, Circuit Judges.

PER CURIAM:

The three appellants were jointly indicted, tried, and convicted under a four count felony indictment in the Northern District of Georgia. Count I charged them with assaulting a federal officer with a deadly weapon, 18 U.S.C.A. § 111. Count II with the possession, custody, and control of an unregistered distillery, 26 U.S.C.A. § 5601(a) (1); Count III with making and fermenting mash on premises other than a registered distillery, 26 U.S.C.A. § 5601(a) (7); and Count IV with possession of a quantity of non-tax paid distilled spirits, 26 U.S. C.A. § 5205(a) (2) and 5604(a) (1). Pursuant to the finding of guilt on all counts, Buford Hall was sentenced to a period of five years, Felton Hall to a period of four years and Ernest Hall to a period of two years. Summarized generally, the appellants claim error in the Court's charge with respect to the use of a deadly weapon, failure to define or charge on the rule of self-defense, and the charge of the Court as to the presumption arising from the presence of the defendants at the distillery in question.

Upon a careful review of the record, we have reached the firm conclusion that each of the defendants was lawfully convicted under Counts I and IV of the indictment. The sentences imposed do not exceed the maximum that could have been imposed under either Counts I or IV. In view of the foregoing conclusion, it is not necessary to reach a decision as to the errors alleged with respect to the proof and conviction under Counts II and III. Morales v. United States (5th Cir. 1956), 228 F.2d 762; Walker v. United States (5th Cir. 1960), 285 F.2d 52; Gorman v. United States (5th Cir. 1963), 323 F.2d 51.

The judgment is affirmed.

* Of the Third Circuit, sitting by designation.

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4 cases
  • People v. Miller
    • United States
    • United States State Supreme Court (New York)
    • 24 Septiembre 1990
    ...United States v. Holt, 333 F.2d 455 [2d Cir., 1964], cert. den. 380 U.S. 942, 85 S.Ct. 1020, 13 L.Ed.2d 961 [1965]; Hall v. United States, 330 F.2d 558 [5th Cir., 1964], cert. den. 380 U.S. 942, 85 S.Ct. 1021, 13 L.Ed.2d 962 [1965]; Sparks v. United States, 358 A.2d 307 [D.C.App., 1976]; Sc......
  • Price v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 1 Noviembre 1967
    ...U.S. 640, 642, 66 S.Ct. 1180, 90 L.Ed. 1489; Claassen v. United States, 142 U.S. 140, 146-147, 12 S.Ct. 169, 35 L.Ed. 966; Hall v. United States, 5 Cir., 330 F.2d 558; United States v. Warren, 7 Cir., 259 F. 2d 142, 143; Yielding v. United States, 5 Cir., 173 F.2d 46, 48; Myres v. United St......
  • Maddox v. United States, 21189.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 8 Octubre 1964
    ...sentence of two years was below the maximum that could have been imposed on the remaining counts in the indictment. See Hall v. United States, 5 Cir., 1964, 330 F.2d 558. The judgment is ...
  • Milam v. United States, 21713.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 26 Enero 1965
    ...judgment must be affirmed. Barenblatt v. United States, 1959, 360 U.S. 109, 115, 79 S.Ct. 1081, 3 L.Ed.2d 1115, 1122; Hall v. United States, 5 Cir., 1964, 330 F.2d 558.1 Appellant's objections pertaining to the United States Attorney's argument to the jury and to the admission in evidence o......

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