Harris Wise, Jr. v. United States

TUTTLE, Circuit Judge.

In this appeal from a judgment of conviction on two counts of a liquor indictment the appellant complains that there was no evidence which warranted the trial court’s submission of the case to the jury or the jury’s verdict of guilty.

Tried on an indictment of fifteen counts with four other defendants, appellant was acquitted on the conspiracy count upon direction of the court, but found guilty of possessing and of transporting 50 gallons of nontaxpaid whiskey.

The Government’s proof was that one Raymond Scott was transporting the whiskey in question and that appellant was…