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GARNER v. UNITED STATES

No. 13006.

244 F.2d 575 (1957)

Clyde Eugene GARNER, Audrey Hart Garner, Horace G. Twitty, Oren Cloud Fesmire, Sammy Joe Garner, Edd John Mayo, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

May 13, 1957.

Attorney(s) appearing for the Case

Carmack Murchison, Jackson, Tenn., Joe A. Appleby, Lexington, Tenn., on the brief, for appellants.

Warner Hodges, Memphis, Tenn., Warren Olney, III, Washington, D. C., Millsaps Fitzhugh, and Robert E. Joyner, U. S. Attys., Memphis, Tenn., on the brief for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

PER CURIAM.

Appellants were convicted under a one-count indictment charging a conspiracy to violate the internal revenue laws of the United States with respect to the manufacture, transportation and sale of distilled spirits.

Appellants contend that it was reversible error for the District Judge to decline to give to the jury the following instruction requested in writing by them: "The Court is permitting you to take to the jury room with you the indictment...

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