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JOHNSON v. UNITED STATES

No. 7918.

84 F.2d 114 (1936)

JOHNSON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 12, 1936.

Attorney(s) appearing for the Case

Erle Pettus, of Birmingham, Ala., for appellant.

Jim C. Smith, U. S. Atty., of Birmingham, Ala.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

The appellant, his wife, and three others were indicted for violations of the Liquor Taxing Act of 1934 (48 Stat. 313), and section 37 of the Federal Penal Code of 1910 (18 U.S.C.A. § 88). The first two counts of the indictment are, respectively, for possession and transportation of tax-unpaid intoxicating liquor; the third and fourth counts for carrying on the business of retail and wholesale liquor dealers without first paying the special...

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