No. 8780.

99 F.2d 583 (1938)

BANDY v. ZERBST, Warden.

Circuit Court of Appeals, Fifth Circuit.

November 4, 1938.

Attorney(s) appearing for the Case

Jasper Bandy, in pro. per.

Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger and J. Ellis Mundy, Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from an order discharging a writ of habeas corpus and remanding appellant to the custody of appellee.

Upon a plea of guilty in the Middle District of Tennessee, appellant was sentenced to serve two years and pay $500 for attempting to defraud the United States of the tax on distilled spirits in violation of 26 U.S.C.A. § 1155(f), R.S. § 3257; to serve one year and pay $100 for possession of an unregistered still...


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