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OCCINTO v. UNITED STATES

Nos. 9204, 9205.

54 F.2d 351 (1931)

OCCINTO v. UNITED STATES. LALUNA v. SAME.

Circuit Court of Appeals, Eighth Circuit.

November 17, 1931.

Attorney(s) appearing for the Case

Paul J. Garrotto, of Omaha, Neb. (Wear, Moriarty, Garrotto & Boland, of Omaha, Neb., on the brief), for appellants.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before STONE and VAN VALKENBURGH, Circuit Judges, and SANBORN, District Judge.

STONE, Circuit Judge.

These are appeals from convictions for violations of the Internal Revenue Act (Rev. St. §§ 3266, 3281, 3282 [26 USCA §§ 291, 306, 307]) relating to distilled spirits. The indictment was against both of the defendants and in five counts. The first count charged the making of mash, fit for production of alcoholic spirits, in a barn in Douglas county, Neb., not being a duly authorized distillery; the second count covered the...

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