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Hargrove v. United States

Circuit Court of Appeals, Fifth Circuit
Feb 7, 1944
139 F.2d 1014 (5th Cir. 1944)

Opinion

No. 10559.

January 7, 1944. Rehearing Denied February 7, 1944.

Appeal from the District Court of the United States for the Western District of Texas; Walter A. Keeling, Judge.

C.M. Hargrove was convicted of an offense, and he appeals.

Affirmed.

Leonard Brown and Leo Brewer, both of San Antonio, Tex., and Warren O. Coleman, of New Orleans, La., for appellant.

Ben F. Foster, U.S. Atty., and James M. Burnett, Asst. U.S. Atty., both of San Antonio, Tex., for appellee.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.


We are not triers of fact. The law, in its wisdom, does not authorize this court to substitute the reactions as to the facts which it gains from a perusal of the cold, printed type for those of the lower court which saw and heard the witnesses, observed their demeanor on the stand, and thus was placed in far better position to know the true and false than this court; and where, as here, we cannot say that there was no substantial evidence upon which the verdict and judgment of the lower court was based, the verdict and judgment of the court below will not be disturbed.

Affirmed.


Summaries of

Hargrove v. United States

Circuit Court of Appeals, Fifth Circuit
Feb 7, 1944
139 F.2d 1014 (5th Cir. 1944)
Case details for

Hargrove v. United States

Case Details

Full title:HARGROVE v. UNITED STATES

Court:Circuit Court of Appeals, Fifth Circuit

Date published: Feb 7, 1944

Citations

139 F.2d 1014 (5th Cir. 1944)

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