U.S. Court of Appeals for the Fifth Circuit, 1970

Donathan Garvin Kemp v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided March 2, 1970 · Brown, Thornberry, Taylor

419 F.2d 383 (Federal Reporter, Second Series)

Counsel

Howard Moore, Jr., Peter E. Rinds-kopf, Atlanta, Ga., for appellant., Charles B. Lewis, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee., ON PETITION FOR REHEARING

Cases that cite this one

3 later published cases cite this decision.

United States v. Thomas Wayne Allison and Sharon Lynn Freedman (5th Cir. 1980)
Government of the Virgin Islands v. Fred Franklin Carr (3d Cir. 1971)
United States v. Landry Gail Walker (5th Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellant’s Petition for Rehearing is predicated on the proposition that the Court overlooked Rule 29(c) of The Federal Rules of Criminal Procedure which expressly allows a motion for judgment of acquittal after return of the verdict regardless of whether such motion was made at an earlier stage of the trial.

Regardless of the applicability of Hall v. United States (5th Cir. 1968), 403 F. 2d 649, under Rule 29(c) we have reviewed the record and consider the evidence ample to sustain the verdict. As pointed out in the original opinion, “After examining the record we feel the evidence was sufficient to support the conviction. The Selective Service file was *384 admitted and contains evidence upon which reasonable minds could conclude that the Appellant was guilty of the offense charged.” Hall was not determina-ative of this appeal.

The Petition for Rehearing is

Overruled.

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