UNITED STATES v. KIND

No. 114.

87 F.2d 315 (1937)

UNITED STATES v. KIND.

Circuit Court of Appeals, Second Circuit.

January 4, 1937.


Attorney(s) appearing for the Case

Morris M. Marcus, of New York City, for appellant.

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and Frank J. Parker, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

The indictment charged that the appellant "in a garage in rear of premises situate at and known as and by the street number 1205 Newkirk Avenue, in the Borough of Brooklyn, City of New York, * * * did unlawfully, wilfully and knowingly possess a certain quantity of distilled spirits in immediate containers on which there was affixed no stamp denoting the quantity of such distilled spirits nor evidencing payment of the Internal Revenue taxes...

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