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BENTON v. UNITED STATES

No. 3916.

80 F.2d 162 (1935)

BENTON v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

November 12, 1935.

Attorney(s) appearing for the Case

T. C. Bowie, of Jefferson, N. C. (Bowie & Bowie, of Jefferson, N. C., and R. C. Jennings, of Salisbury, N. C., on the brief), for appellant.

Carlisle W. Higgins, U. S. Atty., of Greensboro, N. C., for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

Branson Benton was convicted in the District Court under an indictment in two counts, the first of which charged that he willfully, knowingly, and feloniously had in his possession and under his control a 300-gallon still without having registered the same with the collector of internal revenue as required by law (see R.S. § 3258, 26 U.S.C.A. § 281), and the second of which charged that he willfully, knowingly, and feloniously did engage...

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