BEAUDRY v. UNITED STATES

No. 7852.

79 F.2d 650 (1935)

BEAUDRY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 29, 1935.


Attorney(s) appearing for the Case

R. Emerson Gardner, of Atlanta, Ga., for appellant.

I. K. Hay and J. E. Mundy, Asst. U. S. Attys., both of Atlanta, Ga., for the United States.

Before SIBLEY and WALKER, Circuit Judges, and HOLMES, District Judge.


SIBLEY, Circuit Judge.

A libel to forfeit under Rev. St. § 3450 (26 USCA §§ 1156, 1441) an automobile seized on March 12, 1935, while in use by one Karr in the removal and for the deposit and concealment of 124 gallons of tax unpaid distilled spirits with intent to defraud the United States of the tax, was met by a claim by appellant, Beaudry, in which he alleged: "On Feb. 28, 1935, possession of the aforesaid automobile was obtained from claimant upon...

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