MILLER v. UNITED STATES

No. 6970.

104 F.2d 97 (1939)

MILLER v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied June 1, 1939.


Attorney(s) appearing for the Case

Patrick J. Friel, of Philadelphia, Pa., for appellant.

J. Cullen Ganey, U. S. Atty., and Francis W. Sullivan, both of Philadelphia, Pa. (Blair M. Ilderton, Atty., Alcohol Tax Unit, of Philadelphia, Pa., of counsel), for the United States.

Before BIGGS, CLARK, and BIDDLE, Circuit Judges.


BIDDLE, Circuit Judge.

Lamont, alias "Monk", Miller and others were convicted of a conspiracy to violate certain sections of the revenue statutes by evading taxes through failure to make proper entries, and removing the liquor without affixing revenue stamps. Miller appeals to us on the ground that the evidence was insufficient to sustain his conviction.

Notice of the appeal was given the same day as the judgment, December 8, 1937. The District Court twice...

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