Matthew Britt Porter, Appellant, v. United States of America, Appellee, 338 F.2d 53 (5th Cir. 1964)

Annotate this Case
US Court of Appeals for the Fifth Circuit - 338 F.2d 53 (5th Cir. 1964) October 29, 1964
Rehearing Denied November 27, 1964

S. Gunter Toney, Tallahassee, Fla., for appellant.

Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., Clinton Ashmore, U. S. Atty., for appellee.

Before JONES and GEWIN, Circuit Judges, and ESTES, District Judge.


In his appeal from a conviction for the sale of non-tax-paid spirits, the only material point urged as error is the refusal of the district court to strike evidence of admission by the appellant of his prior activities in moonshining operations. The evidence was admissible under the rule announced in Smith v. United States, 9th Cir. 1930, 41 F.2d 215. See Barshop v. United States, 5th Cir. 1951, 191 F.2d 286, reh. den. 192 F.2d 699, cert. den. 342 U.S. 920, 72 S. Ct. 367, 96 L. Ed. 688. The judgment of the district court is