Jenkins v. United States, 16846.
Decision Date | 16 May 1958 |
Docket Number | No. 16846.,16846. |
Citation | 253 F.2d 710 |
Parties | Richard Vaughn JENKINS, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Stonewall H. Dyer, Atlanta, Ga., for appellant.
James W. Dorsey, U. S. Atty., John W. Stokes, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.
Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.
The appellant, Richard Vaughn Jenkins, purchased whiskey from retail liquor dealers in varying quantities ranging from twenty to over a hundred cases a week and these he sold during 1953, 1954, and 1955, to clubs in the dry counties in the Northern part of Georgia. He was indicted, convicted and sentenced for conspiracy to sell liquor at wholesale without the Federal wholesaler's tax being paid as required by 26 U.S.C.A. § 5111. From the judgment of conviction and sentence he appeals. We find no merit in any of his contentions.
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...exist and the evidence supports their existence. United States v. Goodwin, 492 F.2d 1141, 1144 (5th Cir. 1974); Jenkins v. United States, 253 F.2d 710 (5th Cir. 1958). This is true even when co-defendants are known and not prosecuted. United States v. Cabrera, 447 F.2d 956 (5th Cir. 1971); ......
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