SCOTT v. UNITED STATES

No. 1267.

78 F.2d 791 (1935)

SCOTT v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

July 8, 1935.


Attorney(s) appearing for the Case

Hugh B. Woodward, of Albuquerque, N. M. (Woodward & Wilson and K. Gill Shaffer, all of Albuquerque, N. M., on the brief), for appellant.

William J. Barker, U. S. Atty., of Santa Fe, N. M., for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


PHILLIPS, Circuit Judge.

The indictment herein charged that Scott and others on July 31, 1934, in the District of New Mexico "unlawfully, * * * and feloniously had in their possession or custody * * * a still * * * set up and in operation, which * * * was not registered with the Collector of Internal Revenue of the aforesaid District and as required by law."

It was challenged by demurrer on the ground that it failed to allege facts constituting a crime against...

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