Willie Ferrell Davis, Appellant, v. United States of America, Appellee, 363 F.2d 954 (5th Cir. 1966)

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US Court of Appeals for the Fifth Circuit - 363 F.2d 954 (5th Cir. 1966) July 27, 1966

Joseph H. Davis, Macon, Ga., for appellant.

Sampson M. Culpepper, Macon, Ga., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and DAWKINS, District Judge.


By this appeal, from conviction on five counts of possession and sale of illicit whiskey in violation of 26 U.S.C. §§ 5205(a) (2) and 5604(a), appellant raises two contentions, neither of which is meritorious.

First, recognizing that the record is silent as to whether appellant, at or subsequent to his arrest, specifically requested permission to seek counsel or his family, bondsman or others, he nevertheless asserts that he was not informed of his right to the advice of counsel prior to his making a written statement. On the contrary, however, the record clearly shows an oral warning by the interrogating officer as well as a similar warning in the first paragraph of appellant's written statement. Second, the defense of entrapment, which was not raised at the trial, is clearly untenable. The agents simply caught him red-handed in the act of delivering large quantities of illicit whiskey.

Accordingly, the judgment of conviction is