U.S. Court of Appeals for the Fifth Circuit, 1968

Charles Robinson v. United States

Charles Robinson v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided June 17, 1968 · Wisdom, Coleman, Boyle
396 F.2d 397; 1968 U.S. App. LEXIS 6504 (Federal Reporter, Second Series)

Charles Robinson v. United States

Opinion

PER CURIAM:

The appellant appealed his conviction by a jury on a four-count indictment charging two violations of Section 4704 (a), Title 26 U.S.C. (Counts 1 and 3) and two violations of Section 4705(a), Title 26 U.S.C. (Counts 2 and .4).

The evidence adduced is insufficient to support the jury’s verdict of guilt on Counts 3 and 4 and the Motion for Judgment of Acquittal should have been granted. 1

As to Counts 1 and 2, the appeal is without merit.

Accordingly, the judgment as to counts 1 and 2 is affirmed. The judgment as to counts 3 and 4 is reversed and this cause is remanded for entry of a judgment of acquittal on these counts.

1

. The Government in brief conceded reversal of the conviction on Count 4.

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