Opinion
No. 11369.
October 30, 1945.
Appeal from the District Court of the United States for the Northern District of Alabama; Clarence Mullins, Judge.
Ross Neely was convicted under an indictment charging a conspiracy and placed on probation. From a judgment revoking the probation, he appeals.
Judgment affirmed.
See, also, 145 F.2d 828.
George Rogers, of Birmingham, Ala., for appellant.
Jim C. Smith, U.S. Atty., of Birmingham, Ala., for appellee.
Before SIBLEY and McCORD, Circuit Judges, and KENNAMER, District Judge.
The conditions of probation included one that the probationer should not violate any law, local, State or national. On a motion to revoke the probation the evidence of the officers made a case, by circumstances, showing one or more violations of the liquor laws. The probationer, supported by his wife, denied the truth of this evidence. The issue was for the decision of the judge, who believed the officers. No error appears. Roberts v. United States, 320 U.S. 264, 64 S.Ct. 113, 88 L.Ed. 41; Burns v. United States, 287 U.S. 216, 53 S.Ct. 154, 77 L.Ed. 266.
Judgment affirmed.