Kemp v. United States, 25675.
| Citation | 419 F.2d 383 |
| Decision Date | 02 March 1970 |
| Docket Number | No. 25675.,25675. |
| Parties | Donathan Garvin KEMP, Appellant, v. UNITED STATES of America, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., for appellant.
Charles B. Lewis, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.
Before JOHN R. BROWN, Chief Judge, THORNBERRY, Circuit Judge, and TAYLOR, District Judge.
Certiorari Denied March 2, 1970. See 90 S.Ct. 1008.
ON PETITION FOR REHEARING
Appellant's Petition for Rehearing is predicated on the proposition that the Court overlooked Rule 29(c) of The Federal Rules of Criminal Procedure which expressly allows a motion for judgment of acquittal after return of the verdict regardless of whether such motion was made at an earlier stage of the trial.
Regardless of the applicability of Hall v. United States (5th Cir. 1968), 403 F. 2d 649, under Rule 29(c) we have reviewed the record and consider the evidence ample to sustain the verdict. As pointed out in the original opinion, Hall was not determinative of this appeal.
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Government of Virgin Islands v. Carr
...Feb. 28, 1966, eff. July 1, 1966." 3 The Court of Appeals for the Fifth Circuit applied the provisions of Rule 29(c) in Kemp v. United States, 419 F.2d 383, cert. den. 397 U.S. 969, 90 S.Ct. 1008, 25 L.Ed.2d 263 (1970). There, the defendant did not move for a judgment of acquittal at the cl......
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Gov't of the Virgin Islands v. Carr, 18,460
...Feb. 28, 1966, eff. July 1, 1966." 3. The Court of Appeals for the Fifth Circuit applied the provisions of Rule 29(c) in Kemp v. United States, 419 F.2d 383, cert. den. 397 U.S. 969 (1970). There, the defendant did not move for a judgment of acquittal at the close of all the testimony but f......
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United States v. Walker, 71-1674 Summary Calendar.
...1971; Simmons v. United States, 406 F.2d 456 (5th Cir., 1969); Kemp v. United States, 415 F.2d 1185 (5th Cir., 1969); rehearing denied 419 F.2d 383, cert. den. 397 U.S. 969, 90 S.Ct. 1008, 25 L.Ed.2d 263. Walker's conviction is therefore * Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Ci......