Hargrove v. United States, 10559.

Decision Date07 February 1944
Docket NumberNo. 10559.,10559.
Citation139 F.2d 1014
PartiesHARGROVE v. UNITED STATES.
CourtU.S. Court of Appeals — Fifth Circuit

Leonard Brown and Leo Brewer, both of San Antonio, Tex., and Warren O. Coleman, of New Orleans, La., for appellant.

Ben F. Foster, U. S. Atty., and James M. Burnett, Asst. U. S. Atty., both of San Antonio, Tex., for appellee.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

We are not triers of fact. The law, in its wisdom, does not authorize this court to substitute the reactions as to the facts which it gains from a perusal of the cold, printed type for those of the lower court which saw and heard the witnesses, observed their demeanor on the stand, and thus was placed in far better position to know the true and false than this court; and where, as here, we cannot say that there was no substantial evidence upon which the verdict and judgment of the lower court was based, the verdict and judgment of the court below will not be disturbed.

Affirmed.

To continue reading

Request your trial
9 cases
  • United States v. Arrington, 11088.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 3 septembre 1954
    ...might come to an opposite conclusion. In Roberts v. U. S., 5 Cir., 151 F.2d 664, 665, the court said: "What we said in Hargrove v. United States, 5 Cir., 139 F.2d 1014, is appropriate "`We are not triers of fact. The law, in its wisdom, does not authorize this court to substitute the reacti......
  • Greenhill v. United States, 18439.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 27 mars 1962
    ...inferences was entirely sufficient and the court did not err in overruling the motions for judgment of acquittal. Hargrove v. United States, 5 Cir., 1944, 139 F.2d 1014 and Riggs v. United States, 5 Cir., 1960, 280 F.2d 949. As to other errors assigned, we have carefully reviewed this recor......
  • United States v. Ziemer
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 13 juin 1961
    ...come to an opposite conclusion. As was said in Roberts v. United States, 5 Cir., 151 F.2d 664, 665: "What we said in Hargrove v. United States, 5 Cir., 139 F.2d 1014, is appropriate "`We are not triers of fact. The law, in its wisdom, does not authorize this court to substitute the reaction......
  • United States v. Pritchard
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 9 octobre 1969
    ...not worthy of belief. Their credibility and the weight to be accorded to their testimony was a matter for the jury. Hargrove v. United States, 5 Cir. 1944, 139 F.2d 1014. The record shows affirmatively that the special employees had no contingent fee arrangements. Nor were they paid a speci......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT