Mannie Mayo Bragg v. United States

U.S. Court of Appeals for the Tenth Circuit
Mannie Mayo Bragg v. United States, 330 F.2d 44 (10th Cir. 1964)
1964 U.S. App. LEXIS 5825
Breitenstein, Hill, Per Curiam, Seth

Mannie Mayo Bragg v. United States

Opinion

PER CURIAM.

A jury found appellant guilty of transporting unstamped distilled spirits in violation of the Internal Revenue laws (26 U.S.C. §§ 5205(a) (2), 5604(a) (1)) and he appeals from the sentence imposed. The only point raised is the sufficiency of the evidence.

Two federal agents testified that arrangements were made with one Wyatt for the purchase of moonshine whiskey; that appellant drove up behind them in a car and gave keys to Wyatt who then drove the car alongside the agents’ car; and that the whiskey was then transferred from the car previously driven by appellant to the agents’ car. Appellant and Wyatt both testified that appellant had not driven the car in which the whiskey was transported. The question presented was one of credibility and the jury chose to believe the agents. Substantial evidence sustains the verdict of the jury and we will not disturb its findings. See Reynolds v. United States, 10 Cir., 289 F.2d 698, 699; Corbin v. United States, 10 Cir., 253 F.2d 646, 648-649.

Affirmed.

Reference

Full Case Name
Mannie Mayo BRAGG, Appellant, v. UNITED STATES of America, Appellee
Cited By
2 cases
Status
Published