Alvin Francis Ramey and Owen Leroy Linder v. United States

HOLMES, Circuit Judge.

The appellants were convicted upon count one of a three-count indictment, and sentenced by the court below to serve prison terms and to pay fines respectively. A judgment of acquittal as to each of them was entered as to counts two and three, on which the court had peremptorily instructed the jury to find them not guilty. This appeal is from the sentences imposed upon the appellants, after each of them had been found guilty by the verdict of a jury.

Count one charged that in April, 1954, in Bexar County, in the San Antonio division of the Western District of Texas, the…