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Legal Opinion

Benjamin Franklin Neville v. United States

Court of Appeals for the Fifth Circuit

Decided November 28, 1959No. 17760PublishedCited by 15 opinions

1Opinion of the Court

RIVES, Chief Judge.

This appeal is from a judgment of conviction on all counts of two separate indictments charging offenses proscribed by 18 U.S.C. § 472. 1 2One of the indictments and Count One of the other are practically identical. 2 One of the indictments contains a second count, quoted in the margin. 3

The evidence discloses why two indictments were returned. The defendant and a companion were traveling by automobile and stopped at a drive-in-restaurant on the edge of Montgomery, Alabama, in the Northern Division of the Middle District of Alabama. There the defendant attempted…

2Cases cited12 opinions

  1. United States v. DebrowSupreme Court of the United States · 1953
  2. United States v. CarllSupreme Court of the United States · 1882
  3. Contreras v. United StatesCourt of Appeals for the Fifth Circuit · 1954
  4. Foster v. United StatesCourt of Appeals for the Tenth Circuit · 1935
  5. Herman Roberson v. United StatesCourt of Appeals for the Fifth Circuit · 1956

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3Cited by15 opinions

  1. Terry v. StateCourt of Criminal Appeals of Texas · 1971
  2. Arnold v. United StatesDistrict of Columbia Court of Appeals · 1986
  3. Manuel Ray Rua, Jr., A/K/A John T. Welk v. United StatesCourt of Appeals for the Fifth Circuit · 1963
  4. Robert Thomas Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1965
  5. Edward Heisler v. United StatesCourt of Appeals for the Ninth Circuit · 1968

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