Opinion

United States v. Willard Perry, United States of America v. Modis Perry, United States of America v. Herbert Hoover Brown

  • 389 F.2d 103
  • 1968 U.S. App. LEXIS 8309
Court
Court of Appeals for the Fourth Circuit
Filed
Jan 23, 1968
Status
Published
On the bench
Haynsworth, Bryan, Merhige
Cited by
0 cases
Authority
More cited than 12.1%

The opinion

PER CURIAM:

Each of the appellants was convicted in the District Court of violating 26 U.S.C. § 5686 (a) by having in his possession, in the eastern part of North Carolina, property intended for use in violation of the provisions of the Internal Revenue laws relating to the manufacture and sale of untaxpaid whiskey. Modis Perry and Willard Perry were charged and tried together. Herbert Hoover Brown was charged and tried separately.

The property was half-gallon jars. In the period of May 24 through June 27, 1966 Brown purchased from a small country store 13,308 jars, and from February 23 to May 3,1966 Modis and Willard Perry, jointly and apart, purchased at the same store 20,496 such jars. Regular retail prices were paid for them. The undisputed testimony was that these containers are customarily used for handling illicit whiskey, and the proof here suggests no other need for them..

Contrary to the contention of the appellants we think the unexplained possession of so great a number of jars', together with some other pertinent circumstances, warranted the jury in each instance in finding the appellants’ guilt beyond a reasonable doubt. Nor do we find substance in the appellants’ attack upon the sufficiency of the criminal information, or assignments of error to the other incidents of trial. From our study of the question whether there was any breach of the rule of Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.

*104

Ed.2d 694, we are persuaded that in its particular context the arresting officer’s conduct was not actually a departure from

Miranda’s

rule.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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