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STUTZ v. UNITED STATES

No. 6105.

47 F.2d 1029 (1931)

STUTZ v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

March 16, 1931.

Attorney(s) appearing for the Case

R. A. Hendricks, of Miami, Fla. (R. A. Hendricks and Hendricks & Hendricks, all of Miami, Fla., on the brief), for appellant.

W. P. Hughes, U. S. Atty., and Wm. A. Paisley, Asst. U. S. Atty., both of Jacksonville, Fla. (W. P. Hughes, U. S. Atty., and William A. Paisley, Asst. U. S. Atty., both of Jacksonville, Fla., on the brief), for the United States.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The appellant, John H. Stutz, was indicted in three counts for possession and transportation of intoxicating liquors contrary to the National Prohibition Act (27 USCA § 1 et seq.), and for concealment in a boat of intoxicating liquors imported into the United States contrary to the customs laws. He was convicted of all three offenses, and, from a sentence to imprisonment for two years, he appeals. The evidence was wholly circumstantial...

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