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BENTON v. UNITED STATES

No. 2744.

28 F.2d 695 (1928)

BENTON v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 16, 1928.

Attorney(s) appearing for the Case

Hayden Clement and John C. Busby, both of Salisbury, N. C., for plaintiff in error.

E. L. Gavin, U. S. Atty., of Sanford, N. C.

Before PARKER and NORTHCOTT, Circuit Judges, and SOPER, District Judge.

NORTHCOTT, Circuit Judge.

This is an appeal brought to review a judgment of the District Court of the United States for the Middle District of North Carolina. The plaintiff in error, W. G. Benton, was convicted of violating section 3296, R. S. U. S. (26 USCA § 404). The indictment contained two counts, the first charging the defendant with removing distilled spirits upon which the tax imposed by law had not been paid from a distillery to a place other than a...

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