United States v. Milton Ray Clunn

DOYLE, Circuit Judge.

The defendant-appellant was found guilty of the possession and transportation of untaxed whiskey, in violation of 26 U.S.C. § 5604(a) (1). His brother, Grady Roy Clunn, was also convicted on both counts, but this appeal is on behalf of Milton Ray Clunn only. He challenges the sufficiency of the evidence to support the jury verdicts as well as the validity of his arrest and the search of the automobile in which he was riding. We limit ourselves to determination of the sufficiency of the evidence, it being unnecessary to decide whether the arrest and search were valid.

The…