Clark v. United States, 4 F.2d 382 (6th Cir. 1925)
4 F.2d 382
US-DOC-21095993
locator
Case details
Citation
4 F.2d 382
Full caption
W. T. CLARK and Louis Ronaldi, Plaintiffs in Error, v. UNITED STATES, Defendant In Error.
Country
United States
Jurisdiction
Federal
Court
6th Cir.
Decided
Mar. 5, 1925
March 5, 1925.)
No. 4250.
In Error to the District Court for the Western District of Kentucky; Charles H. Moorman, Judge.
J. L. Richardson, of Louisville, Ky., for plaintiffs in error.
W. S. Ball, U. S. Atty., and Claude Hudgins and Lilburn Phelps, Asst. U. S. Attys., all of Louisville, Ky., for the United States.
Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.
PER CURIAM. 1. The search of the automobile was not unauthorized. Stafford v. U. S. (C. C. A.) 300 F. 537; Moseley v. U. S. (C. C. A.) 4 F.(2d) 381, decided February 4, 1925.
2. The sufficiency of the evidence as against Ronaidi, and under the rule of Stafford v. U. S., supra, is challenged. The jury might well have thought it insufficient; but, considering the elements of improbability in Ronaldi’s story and conflicts between his story and that of Clark, we are not satisfied that there was error in submitting this issue to the jury.
The judgment is affirmed.