Grovene James Finley v. United States

Appellant appeals from his conviction of possessing and transporting nontaxpaid distilled spirits, 26 U.S.C.A. §§ 5008(b) (1), 5642.

The action of the trial judge in sustaining a prosecution objection to a question calling for an obviously hearsay answer was eminently proper in view of appellant’s inability to present any acceptable theory under which the answer would have been admissible. Horne v. United States, 5 Cir., 246 F.2d 83. Actually, the particular question was answered anyway and no motion to strike was made or instruction to disregard given.

Appellant’s present complaint that no…