Oscar Lee Belvins, Appellant, v. United States of America, Appellee, 391 F.2d 269 (5th Cir. 1968)

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U.S. Court of Appeals for the Fifth Circuit - 391 F.2d 269 (5th Cir. 1968) March 19, 1968
Certiorari Denied June 10, 1968
See 88 S. Ct. 2059

Billy L. Evans, Macon, Ga., for appellant.

Walker P. Johnson, Jr., Tyrus R. Atkinson, Asst. U. S. Attys., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before WISDOM, BELL and DYER, Circuit Judges.


Appellant was convicted of possessing an unregistered distilling apparatus in violation of 26 U.S.C.A. §§ 5179(a) and 5601(a).

The record discloses that the errors assigned are without merit. The evidence was sufficient to withstand appellant's motion for a directed verdict of acquittal. The argument of the prosecutor was not improper. The court did not err in charging the jury on aiding and abetting or in the comment to the jury concerning the absent participants in the distillery operation.