Opinion
No. 74-2211.
Argued February 7, 1975.
Decided February 26, 1975. Certiorari Denied June 16, 1975.
James R. Van Camp, Carthage, N.C. (H. F. Seawell, Jr., Seawell, Pollock, Fullenwider, Van Camp Robbins, Carthage, N.C., and Mitchell McEntire, Harris McEntire, Graham, N.C., on brief), for appellant.
N. Carlton Tilley, Jr., U.S. Atty. for the Middle District of N.C. (Benjamin H. White, Jr., Asst. U.S. Atty. on brief), for appellee.
Appeal from the United States District Court for the Middle District of North Carolina.
Before WINTER, BUTZNER and RUSSELL, Circuit Judges.
John Robert Owens appeals from his conviction of violating 26 U.S.C. § 7212(b), forcibly rescuing certain vehicles which had been seized by Internal Revenue Service agents.
The evidence presented against Owens was circumstantial. However, we conclude that it was sufficient for the jury to find beyond a reasonable doubt that Owens had committed the crime. Cf. United States v. Chappell, 353 F.2d 83, 84 (4th Cir. 1965). We find no cause for reversal in Owens' other assignments of error.
Judge Russell, believing the evidence insufficient to sustain a conviction, dissents.
Affirmed.