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SIMPKINS v. UNITED STATES

No. 3865.

78 F.2d 594 (1935)

SIMPKINS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 27, 1935.

Attorney(s) appearing for the Case

Carl C. Sanders, of Beckley, W. Va., and James Damron, of Huntington, W. Va. (Harry Capehart, of Welch, W. Va., on the brief), for appellant.

George I. Neal, U. S. Atty., of Huntington, W. Va. (L. R. Via, Asst. U. S. Atty., of Huntington, W. Va., and Charles M. Love, Jr., Asst. U. S. Atty., of Charleston, W. Va., on the brief), for the United States.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

CHESNUT, District Judge.

The appellant, Robert L. Simpkins, with three others, was indicted by the grand jury for the Southern District of West Virginia, on January 15, 1935, for a violation in May, 1934, of United States Code, title 26, § 404, 26 USCA § 404 (Rev. St. § 3296), which prohibits the removal of untaxpaid liquor from a distillery to a place other than a warehouse provided for by the Internal Revenue Laws, and the concealment of such liquor...

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