
    THAXTON et al. v. UNITED STATES.
    No. 11368.
    Circuit Court of Appeals, Fifth Circuit.
    Oct. 16, 1945.
    J. F. Kemp and J. M. Johnson, both of Atlanta, Ga., and E. L. Reagan, of McDonough, Ga., for appellants.
    John P. Cowart, U. S. Atty., and Charles W. Walker, Asst. U. S. Atty., both of Macon, Ga., for appellee.
    Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.
   PER CURIAM.

The sole error urged is that a verdict of acquittal should have been directed under the evidence. As to the appellant Thaxton, the evidence is overwhelming of his guilt. As to the other two appellants, they are positively identified as having a part in the illegal operations by several witnesses. It was a question of fact for the jury as to whether they were participants in a conspiracy to carry on the enterprise.

No error appearing, the judgment is affirmed.  