STOKES v. UNITED STATES

No. 8609.

93 F.2d 744 (1937)

STOKES et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

January 4, 1938.


Attorney(s) appearing for the Case

Clint W. Hager, of Atlanta, Ga., and Hamilton Burch, of Valdosta, Ga., for appellants.

T. Hoyt Davis, U. S. Atty., and H. G. Rawls, Asst. U. S. Atty., both of Macon, Ga.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellants were prosecuted under an indictment charging in count 1, that on the 8th day of May, 1937, "One Stokes and one Olson did unlawfully, wilfully and knowingly possess distilled spirits, etc.," and in count 2 that on the same day, "One Stokes and One Olson did unlawfully transport distilled spirits."

On the ground that the evidence did not sufficiently connect Olson with the offense charged in the first count, or Stokes with...

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