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  • United States v. Roosevelt Lunsford and William James Thomas, 316 F.2d 187, 4th Cir. (1963)

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    Lunsford and Thomas were convicted for selling whiskey to a government agent. Lunsford did not pursue his appeal, so the hearing was only on Thomas' appeal. The only question at trial was the identity of Thomas as the person who sold whiskey to the agent. The agent's testimony was sufficient to send this issue of identity to the jury. The jury resolved this issue of identity against Thomas. The appeals court affirmed the conviction, as determining the credibility of witnesses like the agent is the province of the jury, not the appeals court.

    Original Description:

    Filed: 1963-03-29 Precedential Status: Precedential Citations: 316 F.2d 187 Docket: 8715

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    Lunsford and Thomas were convicted for selling whiskey to a government agent. Lunsford did not pursue his appeal, so the hearing was only on Thomas' appeal. The only question at trial was the identity of Thomas as the person who sold whiskey to the agent. The agent's testimony was sufficient to send this issue of identity to the jury. The jury resolved this issue of identity against Thomas. The appeals court affirmed the conviction, as determining the credibility of witnesses like the agent is the province of the jury, not the appeals court.

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    United States v. Roosevelt Lunsford and William James Thomas, 316 F.2d 187, 4th Cir. (1963)

    Uploaded by

    Scribd Government Docs
    Lunsford and Thomas were convicted for selling whiskey to a government agent. Lunsford did not pursue his appeal, so the hearing was only on Thomas' appeal. The only question at trial was the identity of Thomas as the person who sold whiskey to the agent. The agent's testimony was sufficient to send this issue of identity to the jury. The jury resolved this issue of identity against Thomas. The appeals court affirmed the conviction, as determining the credibility of witnesses like the agent is the province of the jury, not the appeals court.

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    of 1

    316 F.

    2d 187

    UNITED STATES of America, Appellee,


    v.
    Roosevelt LUNSFORD and William James Thomas,
    Appellants.
    No. 8715.

    United States Court of Appeals Fourth Circuit.


    Argued March 25, 1963.
    Decided March 29, 1963.

    L. S. Parsons, Jr., Norfolk, Va. (Parsons, Stant & Parsons, Norfolk, Va.,
    on brief), for appellant William James Thomas.
    Roger T. Williams, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on
    brief), for appellee.
    Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and
    PREYER, District Judge.
    PER CURIAM.

    Both Lunsford and Thomas were convicted and they appealed, but Lunsford
    has not pressed his appeal and the hearing was on Thomas' appeal only.

    As to Thomas, the only question at the trial was one of fact as to the identity of
    this defendant as the person who sold the government agent a quantity of
    whisky. The agent's testimony was sufficient to send the issue to the jury, and
    the jury resolved it against the defendant, Thomas.

    The appellant argues that the agent might have been mistaken, but as to this it
    was the province of the jury, not ours, to judge, and its finding is not
    reviewable on appeal.

    Affirmed.

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