[Download] "Kivette v. United States" by United States Court Of Appeals Fifth Circuit. # eBook PDF Kindle ePub Free
eBook details
- Title: Kivette v. United States
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 07, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Dow Kivette and Lima Lynn Kivette, husband and wife, appeal from their convictions of possessing, transporting, and selling nontaxpaid distilled spirits. Although it is briefly urged that the verdict was contrary to the weight of the evidence, the main points relied on for reversal are (1) the overruling of a motion to dismiss the indictment for misjoinder of defendants and offenses; (2) the overruling of a motion to suppress evidence on the ground that it was illegally obtained; (3) the refusal of the trial court to rule that the defendants had been entrapped, as a matter of law, and alleged error in the charge to the jury on the issue of entrapment; (4) the requiring that Dow Kivette identify himself in open court; and (5) the refusal of the court to charge that if Mrs. Kivette acted in company with her husband in the commission of a felony, other than treason or homicide, it is conclusively presumed that she acted under his coercion, and was therefore without the requisite criminal intent in committing the offenses charged.