Legal Opinion

Juan Avalos Guevara, Jr. v. United States

Court of Appeals for the Fifth Circuit

Decided March 28, 1957No. 16364_1PublishedCited by 58 opinions

1Opinion of the Court

RIVES, Circuit Judge.

Appellant was convicted under two counts 1 for violating the provisions of the Internal Revenue Code relating to marihuana. The primary question is whether the district court erred in deny ing the defendant’s motion for judgment of acquittal.

The evidence is simple and was given by only two witnesses. George D. Scales, a Treasury Department Customs Agent, testified that, according to a chemical analysis which he had secured, the cigarettes found in defendant’s car were marihuana cigarettes, and that, upon his demand upon the defendant for the required order form, the…

2Cases cited11 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Yee Hem v. United StatesSupreme Court of the United States · 1925
  3. Bryan v. United StatesSupreme Court of the United States · 1950
  4. Earl E. Vick v. United StatesCourt of Appeals for the Fifth Circuit · 1954
  5. Sapir v. United StatesSupreme Court of the United States · 1955

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3Cited by58 opinions

  1. Alfredo Delgado Arellanes and Geneva Arellanes v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  2. Bernardino Chirez Hernandez v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  3. Spataro v. StateDistrict Court of Appeal of Florida · 1965
  4. United States v. Marcelle LacoutureCourt of Appeals for the Fifth Circuit · 1974
  5. William Evans and Josephine Evans v. United StatesCourt of Appeals for the Ninth Circuit · 1958

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