Legal Opinion

United States v. Raleigh Bennett Wright

Court of Appeals for the Fifth Circuit

Decided June 18, 1970No. 29355_1PublishedCited by 7 opinions

1Per curiam

After jury trial Wright was convicted of carrying on the business of a distiller without giving bond as required by 26 U.S.C. § 5173(a), in violation of 26 U.S.C. § 5601(a) (4). There is no merit to his contentions that the evidence failed to support the conviction and that the giving of the “Allen” charge denied him due process. We affirm. 1

Since Wright failed to move for a judgment of acquittal at any time during the trial our review of the sufficiency of the evidence is limited to that necessary to avoid a manifest miscarriage of justice. “Such a miscarriage would exist only if it appears…

2Cases cited4 opinions

  1. United States v. GaineySupreme Court of the United States · 1965
  2. John B. Sanders, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  3. United States v. Juan Jose Betancourt, Also Known as Jose Juan BetancourtCourt of Appeals for the Fifth Circuit · 1970
  4. Byron F. Garrett, E. J. Hardy, and Clarence Foster v. United StatesCourt of Appeals for the Fifth Circuit · 1966

3Cited by7 opinions

  1. United States v. WrightCourt of Appeals for the Eleventh Circuit · 1995
  2. United States v. Arvil Sutton HopkinsCourt of Appeals for the Fifth Circuit · 1972
  3. United States v. Thomas Edward LandersCourt of Appeals for the Fifth Circuit · 1973
  4. United States v. Hillward John FrugeCourt of Appeals for the Fifth Circuit · 1974
  5. United States v. Thomas Jackson HaneyCourt of Appeals for the Fifth Circuit · 1970

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