WILBUR, Circuit Judge.
Appellant was convicted of smuggling alcohol in violation of 19 USCA § 497, 42 Stat. 982. The charge was contained in the third count of an indictment in five counts. In pursuance of the instruction of the trial judge to that effect he was acquitted on the other four charges.
Appellant contends that there was not sufficient substantial evidence of his guilt to justify the submission of the matter to the jury and that the trial court...
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