ALSCHULER, Circuit Judge.
The indictment charges, in the words of the statute (section 3258, R. S.; 26 U. S. Code, § 281 [26 USCA § 281]), that appellant Otto "did have in his possession, and under his control, a still and distilling apparatus set up for the purpose of manufacturing intoxicating liquor, without having registered the same with the collector of internal revenue for the district aforesaid by subscribing and filing with said collector of internal...
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