WALKER, Circuit Judge.
The appellant was convicted under the first count of an indictment which charged that he and another named person, at a time and place stated, "did unlawfully, wilfully, knowingly and feloniously possess distilled spirits, to-wit: Three gallons whiskey in three one-gallon containers, and the said immediate containers of said distilled spirits then and there did not have affixed thereto stamps denoting the quantity of distilled spirits contained...
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