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DAVIS v. UNITED STATES

No. 1224.

78 F.2d 501 (1935)

DAVIS v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

June 25, 1935.

Attorney(s) appearing for the Case

A. M. Pearson, of Denison, Tex. (Chal S. Wheeler, on the brief), for appellant.

Earl Pruet, Asst. U. S. Atty., of Muskogee, Okl. (Cleon A. Summers, U. S. Atty., of Muskogee, Okl., on the brief), for the United States.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PER CURIAM.

Appellant was indicted for possessing distilled spirits upon which no tax had been paid as required by title 2 of the Act of January 11, 1934 (26 USCA § 267 et seq.); and, in the second count, for concealing distilled spirits which had been removed from a distillery without a tax being paid thereon, contrary to 26 USCA § 404.

1. Error is assigned upon the trial court's denial of a motion for an instructed verdict; it is urged that the...

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