U.S. Court of Appeals for the D.C. Circuit, 1959

Pervis Daniels v. United States

Pervis Daniels v. United States
U.S. Court of Appeals for the D.C. Circuit · Decided December 9, 1959 · Edgerton, Danaher, Bastian
272 F.2d 553 (Federal Reporter, Second Series)

Pervis Daniels v. United States

Opinion

PER CURIAM.

This appeal is from a narcotics conviction. Among the errors assigned is the failure of the trial court to grant appellant’s (defendant’s) motions for acquittal at the close of the Government’s case and, as well, after verdict. It is contended that the motions should have been granted “in view of the serious discrepancies in the testimony of the government’s own witnesses, and the serious nature of impeaching evidence, and the obvious discrepancies as to the government’s own exhibits, and the various locations given for the place of sale.”

It is true that there were discrepancies in the testimony but they were resolved against defendant, after a very fair charge by the court. We see no reason to disturb the verdict.

We have examined the other arguments for reversal, and find no error affecting substantial rights.

Affirmed.

EDGERTON, Circuit Judge, dissents.

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