United States v. Roscoe Cook

This is a mail theft case in its second appearance before this court. In 1966 Roscoe Cook was found guilty by a jury and sentenced to four years and nine months in prison. We reversed because of Miranda violations. Cook v. United States, 5 Cir. 1968, 392 F.2d 219. On remand a jury again convicted Cook and he was sentenced to three years and nine months in prison. Cook appeals again. This time he contests the correctness and constitutionality of the court’s instructions to the jury. Specifically Cook complains of the court’s charge concerning the inference permitted to be drawn from possession…