Legal Opinion

Braswell v. United States

Court of Appeals for the Fifth Circuit

Decided December 17, 1952No. 13905PublishedCited by 40 opinions

1Opinion of the Court

RIVES, Circuit Judge.

Seven defendants were convicted of having unlawfully acquired and obtained through some form or manner of transfer marihuana without having paid the tax on the transfer thereof. 26 U.S.C.A. § 2593(a). The conviction of the three appellants and of three of their co-defendants was based upon Count 1 involving 36 grains of marihuana. A seventh defendant, one Willie Frank Smith, was convicted under Count 2 involving 4 grains of marihuana.

Appellants rely for reversal upon contentions which may be discussed under five headings: (1) sufficiency of the indictment; (2) sufficiency…

2Cases cited9 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Quercia v. United StatesSupreme Court of the United States · 1933
  3. Little v. United StatesCourt of Appeals for the Tenth Circuit · 1934
  4. United States v. HauptCourt of Appeals for the Seventh Circuit · 1943
  5. United States v. LeviCourt of Appeals for the Seventh Circuit · 1949

4 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. United States v. Jessie Kenneth McKinneyCourt of Appeals for the Fifth Circuit · 1970
  2. United States v. George Camillo JacquillonCourt of Appeals for the Fifth Circuit · 1972
  3. United States v. Mary Josephine VasquezCourt of Appeals for the Ninth Circuit · 1979
  4. United States v. Albert Rolland Bassler, United States of America v. George Robert Glover, United States of America v. Wayne Wesley SprecherCourt of Appeals for the Eighth Circuit · 1981
  5. Nelson v. United StatesCourt of Appeals for the D.C. Circuit · 1953

35 more not listed; retrieve them via the Exa API.

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