Weil v. United States

• Citation: 2 F.2d 145
• Decision Date: 21 October 1924
• Docket Number: No. 4348.,4348.
• Parties: WEIL v. UNITED STATES.
• Court: United States Courts of Appeals. United States Court of Appeals (5th Circuit)

2 F.2d 145 (1924)

WEIL v. UNITED STATES.

No. 4348.

Circuit Court of Appeals, Fifth Circuit.

October 21, 1924.

G. Harold Weil was convicted of conspiracy to have and possess intoxicating liquors, and brings error. Reversed.

Shelby Myrick, of Savannah, Ga., for plaintiff in error.

F. G. Boatright, U. S. Atty., of Cordele, Ga., and Chas. L. Redding, Asst. U. S. Atty., of Savannah, Ga.

Before WALKER, BRYAN, and KING, Circuit Judges.

KING, Circuit Judge.

This is an indictment against the defendant for conspiring with one Harry Litman, Jake Williams, and Chesley C. Tuten, to have and possess intoxicating liquors for the purpose of being sold, bartered, exchanged, and given away in violation of the act of Congress (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). It was proven that the other defendants had rented from Weil a warehouse in the city of Savannah, in which to unlawfully keep and have possession of said intoxicating liquors. Said Weil knew that fact, and according to the evidence stipulated that he should be kept in ignorance of the sales of said liquors; but he made some alterations in said warehouse, so that the liquors might be unloaded from vehicles inside thereof, and not exposed to outside view, and also left the connecting door, which communicated with other premises owned by him open, in order that the defendants, actively engaged in such sales, might escape therefrom if said place was raided.

It was proven on said trial that about June 23, 1922, 200 cases of intoxicating liquors were brought to the warehouse and packed therein, and that that was the only intoxicating liquor ever brought to and stored in the warehouse, inasmuch as the place was not suited for such purpose, being too public, and that Litman and his associates abandoned the same, and that on the 10th of July, when the rental was due, Litman refused to pay the rent, and all relations of landlord and tenant between Litman and Weil then ceased.

On the trial of said case evidence was offered by the government that on the 30th of August, 1922, Weil accepted $5,000 from the witnesses, who were acting for one Willie Haar, in order to pay the same over to Mr. Merrick, general prohibition agent at Savannah, as protection money, so that liquor shipments could be transported without hindrance on the roads of Chatham county by Willie Haar and by others mentioned as the "Big Four." This evidence was objected to, and admitted over the objection of defendant's counsel. We think that this evidence was improperly admitted, was prejudicial in its nature, and requires a reversal.

The conspiracy which was charged and proven had ceased more than a month before this $5,000 was claimed to have been paid. It tended, if true, to show a conspiracy between entirely different persons than those named in the indictment, and for a different purpose. It had no connection with Weil's warehouse, or the conspiracy charged to be effected by its use. An independent...