Opinion
No. 11093.
November 9, 1944.
Appeal from the District Court of the United States for the Middle District of Alabama; Charles B. Kennamer, Judge.
Lunnie Matthews was convicted of concealing and transporting non-tax-paid whisky, and he appeals.
Affirmed.
O.S. Lewis, of Dothan, Ala., for appellant.
Hartwell Davis, Asst. U.S. Atty., of Montgomery, Ala., for appellee.
Before SIBLEY, McCORD, and LEE, Circuit Judges.
The defendant offered himself as a witness in his trial. He could lawfully be impeached as a witness by proof that he had been convicted of other felonies and could be himself interrogated about it. Williams v. United States, 5 Cir., 254 F. 52; Gordon v. United States, 5 Cir., 254 F. 53; Wheeler v. United States, 5 Cir., 293 F. 588; Pittman v. United States, 8 Cir., 42 F.2d 793; Fire Assn. of Philadelphia v. Weathered, 5 Cir., 62 F.2d 78; Scaffidi v. United States, 1 Cir., 37 F.2d 203.
Judgment affirmed.