Irven Green v. United States, 332 F.2d 788 (5th Cir. 1964). · Go Syfert
Irven Green v. United States, 332 F.2d 788 (5th Cir. 1964). Cases Citing This Book View Copy Cite
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At page 789 Affirming conviction regarding multiple conspiracy threads5 citing cases
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Irven GREEN, Appellant,
v.
UNITED STATES of America, Appellee
20919_1.
Court of Appeals for the Fifth Circuit.
Jul 15, 1964.
Published opinion
332 F.2d 788
Zach H. Douglas, Jacksonville, Fla., for appellant., ,Samuel S. Jacobson, Asst. U. S. Atty., Jacksonville, Fla., Edward F. Boardman, U. S. Atty., Middle District of Florida, for appellee.
Tuttle, Brown, Brewster.
Cited by 7 opinions  |  Published
PER CURIAM.

The judgment of conviction and sentence in this moonshine conspiracy case are affirmed. The contention that no act of the appellant was proved within the statutory period of six years is not controlling since there was ample evidence of appellant’s connection with the conspiracy less than a month before the critical date of February 1, 1957, and there was no evidence to show that his connection with it had ended prior to the occasion of the overt acts which occurred within the statutory period. See Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489.

There is no merit in the contention while charged with participation in a single conspiracy dealing with separate stills, the proof showed two separate conspiracies. There were several distinct threads running through the actions of the parties m connection with all of the stills and this was sufficient to warrant submission to the jury of the question whether there wag sin le conspiracy embracing all four stills.

The judgment is affirmed,