Shaw v. United States, No. 5792.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBRYAN and FOSTER, Circuit , and HOLMES
Citation41 F.2d 26
PartiesSHAW et al. v. UNITED STATES.
Docket NumberNo. 5792.
Decision Date16 May 1930

41 F.2d 26 (1930)

SHAW et al.

No. 5792.

Circuit Court of Appeals, Fifth Circuit.

May 16, 1930.

41 F.2d 27

L. H. Ellis and L. L. Saxon, both of Columbiana, Ala., for appellants.

Charles B. Kennamer, U. S. Atty., of Birmingham, Ala., and J. Osmond Middleton, Asst. U. S. Atty., of Clanton, Ala.

Before BRYAN and FOSTER, Circuit Judges, and HOLMES, District Judge.

HOLMES, District Judge.

The appellants and 17 others were indicted on six counts for conspiracy to violate the National Prohibition Act (27 USCA). Some of the defendants pleaded guilty, six were acquitted, and nine convicted by a jury. Among those convicted were the appellants, the others having accepted the sentence imposed. The allegations of the indictment and the evidence were to the effect that one of the defendants was sheriff of Shelby county, Ala., and some of the others were his deputies, and that all of them entered into a conspiracy with manufacturers and dealers in illicit liquor to violate said act by the officers lending aid to the illicit operators, by advising them in advance when raids would be made, and by protecting them from apprehension and prosecution in various ways.

The evidence in the case ran over a number of years, and necessarily took a wide range, as the proof of the conspiracy was entirely circumstantial, and 84 overt acts were alleged in each count. The proof on the part of the government consisted chiefly in the testimony of bootleggers, liquor makers, rum runners, and persons engaged generally in the illicit traffic in intoxicating liquors.

There are 97 assignments of error, all of which, except two or three, assail rulings upon the admissibility or exclusion of certain testimony.

In a case such as this, with 20 defendants charged with a continuing conspiracy extending over a series of years, and resting entirely upon circumstantial evidence, great latitude is necessarily allowed in the admission of testimony. The jury should have for its consideration every fact which has a reasonable tendency, however slight, to prove the existence of the conspiracy.

"Much discretion is left to the trial court, and its ruling will be sustained, if the testimony which is admitted tends even remotely to establish the ultimate fact." Clune v. United States, 159 U. S. 593, 16 S. Ct. 125, 126, 40 L. Ed. 269.

It is claimed that, though the statute of limitations is three years, U. S. Code, title 18, c. 16, § 582 (18 USCA § 582), the court permitted,...

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12 cases
  • United States v. General Motors Corporation, 7146.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 2, 1941
    ...otherwise existed as between them and the Government's dealer witnesses. See Derango v. United States, 6 Cir., 18 F.2d 778; Shaw v. United States, 5 Cir., 41 F.2d 26; Small v. Pennsylvania R. Co., 65 App.D.C. 112, 80 F.2d 704, 707; Sharples Separator Co. v. Skinner, 9 Cir., 251 F. 25; Johns......
  • Levin v. United States, 18024.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 30, 1964
    ...United States v. Baysek, 212 F.2d 446, 447 (3d Cir.), cert. denied, 348 U.S. 836, 75 S.Ct. 49, 99 L.Ed. 659 (1954); Shaw v. United States, 41 F.2d 26, 27-28 (5th Cir. 1930); Brady v. United States, 41 F.2d 449, 451 (7th Cir. 1930); Hauge v. United States, 276 F. 111 (9th Cir. 1921). The Dis......
  • Culp v. United States, 12219-12221.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • November 4, 1942 furtherance of the conspiracy or as indicating that the conspiracy commenced and continued as alleged in the indictment. Shaw v. United States, 5 Cir., 41 F.2d 26. Such a conspiracy as is charged in this indictment is a continuing one, and the statute of limitations does not commence to ......
  • Burgman v. United States, 10489.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • February 8, 1951
    ...1930, 41 F.2d 449; Hauge v. United States, 9 Cir., 1921, 276 F. 111; Samuels v. United States, 8 Cir., 1916, 232 F. 536; Shaw v. United States, 5 Cir., 1930, 41 F.2d 26. ...
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