Sutton v. United States

157 F.2d 661 (1946)

SUTTON

v.

UNITED STATES.

No. 11561.

Circuit Court of Appeals, Fifth Circuit.

August 28, 1946.

Rehearing Denied October 15, 1946.

Astor Merritt, of Douglasville, Ga., and B. Frank Whelchel, of Gainesville, Ga., for appellant.

Joel B. Mallett, Litigation Atty., O.P.A., and Allen E. Lockerman, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HOLMES, Circuit Judge.

Appellant was convicted upon a criminal information charging that on December 28, 1944, he willfully and unlawfully did have in his possession and under his control, in…