Opinion · Court of Appeals for the Fifth Circuit

Hogan v. United States

54 F.2d 924

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1932-01-12
Topic
general

FOSTER, Circuit Judge. Thomas Jerome Woods was convicted, with a number of others, on three counts of an indictment charging, respectively, unlawful importation, concealment after importation, and transportation of intoxicating liquor. He .was acquitted of conspiracy, based on the same transactions, charged in a fourth count of the same indictment. The conviction of all the parties was affirmed. (C.

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HOGAN v. UNITED STATES,54 F.2d 924(5th Cir. 1932)
HOGAN et al. v. UNITED STATES.
No. 5991.
Circuit Court of Appeals, Fifth Circuit.
January 12, 1932.
Appeal from the District Court of the United States for the Western District of Louisiana; Benjamin C. Dawkins, Judge.

Dan Hogan, Thomas Jerome Woods, and others were convicted of unlawful importation, concealment after importation, and transportation, of intoxicating liquor, and they appeal.

Reversed and remanded as to defendant Woods on rehearing, granted [50 F.2d 1078] after affirmance of conviction [48 F.2d 516].
Edwin H. Grace and Edwin C. Hollins, both of New Orleans, La., for appellants.

Philip H. Mecom, U.S. Atty., and Elmer A. Mottet, Asst. U.S. Atty., both of Shreveport, La., and A.W. Henderson, Sp. Asst. to Atty. Gen.
Before BRYAN, FOSTER, and WALKER, Circuit Judges.
FOSTER, Circuit Judge.
Thomas Jerome Woods was convicted, with a number of others, on three counts of an indictment charging, respectively, unlawful importation, concealment after importation, and transportation of intoxicating liquor. He was acquitted of conspiracy, based on the same transactions, charged in a fourth count of the same indictment. The conviction of all the parties was affirmed. (C.C.A.)48 F.2d 516. A rehearing was granted Woods (C.C.A.) 50 F.2d 1078. The case was again submitted on the original record and briefs on file. A further consideration of the record convinces us that, Woods having been acquitted by the jury of the conspiracy charge, the evidence was not sufficient to sustain his conviction on the other counts. It was error not to grant his motion for a directed verdict of acquittal.
Reversed and remanded.Page 925
Page 1055