Salibo v. United States, 5752.

• Decision Date: 06 March 1931
• Docket Number: No. 5752.,5752.
• Citation: Salibo v. United States, 46 F.2d 790 (5th Cir. 1931)
• Parties: SALIBO v. UNITED STATES.
• Court: U.S. Court of Appeals — Fifth Circuit

46 F.2d 790 (1931)

SALIBO v. UNITED STATES.

No. 5752.

Circuit Court of Appeals, Fifth Circuit.

February 12, 1931.

Rehearing Denied March 6, 1931.

Joseph A. M'Caleb, of New Orleans, La., for appellant.

H. M. Holden, U. S. Atty., and Douglas W. McGregor and M. S. McCorquodale, Asst. U. S. Attys., all of Houston, Tex.

Before FOSTER and WALKER, Circuit Judges, and GRUBB, District Judge.

FOSTER, Circuit Judge.

Appellant was convicted on two counts of an indictment, the first count of which charged the receiving, transporting, and concealing of some 800 quarts of whisky which had been imported into the United States from Mexico without being declared to the customs officers and without the payment of duty, and the second count of which charged the unlawful possession of intoxicating liquor for beverage purposes. Error is assigned to the overruling of a motion for a directed verdict.

Indicted with appellant in both counts were Arch M. Pressler and Jessie Pressler, his wife. There was evidence adduced tending to show that some 844 quarts of liquor, consisting of Scotch whisky, Canadian Club whisky, champagne, cordials, Gordon gin, and other liquors were brought to the residence of the Presslers by appellant and his brother and stored therein with the knowledge and consent of Mrs. Pressler; that a large part of this liquor was of foreign manufacture, and had been imported into the United States; that Pressler admitted an interest in the liquor.

There could be no doubt that there was sufficient evidence before the jury to support the verdict.

Error is assigned...