PULLIN v. UNITED STATES

No. 8994.

104 F.2d 57 (1939)

PULLIN v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 15, 1939.


Attorney(s) appearing for the Case

Joel B. Mallet, of Jackson, Ga., for appellant.

A. Sidney Camp, Asst. U. S. Atty., of Atlanta, Ga.

Before FOSTER and McCORD, Circuit Judges, and BORAH, District Judge.


McCORD, Circuit Judge.

Henry W. Pullin was indicted for violation of the Internal Revenue Laws. The indictment contained four counts and he was convicted on the first and third counts. The first charged a conspiracy and the third charged the possession of fifty gallons of liquor on which the tax had not been paid.

Appellant sought to destroy the indictment by motion to quash and by demurrer. The indictment is substantially in the form of the statute and charges...

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