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MILLS v. UNITED STATES

No. 4144.

89 F.2d 658 (1937)

MILLS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 10, 1937.

Attorney(s) appearing for the Case

R. Clarence Dozier, of Elizabeth City, N. C. (S. M. Blount, of Washington, N. C., on the brief), for appellant.

Charles F. Rouse, Asst. U. S. Atty., of Kinston, N. C. (J. O. Carr, U. S. Atty., of Wilmington, N. C., and John H. Manning, Asst. U. S. Atty., of Raleigh, N. C., on the brief), for the United States.

Before PARKER and SOPER, Circuit Judges, and WYCHE, District Judge.

PER CURIAM.

This is an appeal from a judgment entered upon conviction of removing and concealing 110 gallons of whisky upon which the tax had not been paid, in violation of 26 U.S.C.A. § 1287. The facts are that on August 10, 1936, in Pitt county, N. C., members of the North Carolina State Highway Patrol observed the defendant driving a Ford coupé which seemed to be heavily loaded. They stopped defendant and made inquiry of him as to the nature of the load...

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