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ELEY v. UNITED STATES

No. 8570.

117 F.2d 526 (1941)

ELEY v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

February 4, 1941.

Attorney(s) appearing for the Case

David A. Myers, of Greensburg, Ind., and M. V. Skinner, of Portland, Ind., (David A. Myers, of Greensburg, Ind., M. V. Skinner, of Portland, Ind., Ernestine Breisch, of Dayton, Ohio, and Paul Smith, of Muncie, Ind., on the brief), for appellant.

Calvin Crawford, of Dayton, Ohio (Calvin Crawford, U. S. Atty., of Dayton, Ohio, and Vern H. Wilson and Robert E. Marshall, Asst. U. S. Attys., both of Cincinnati, Ohio, on the brief), for the United States.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

The appellant is aggrieved at his conviction and sentence under two counts of an indictment, the first of which charged him with engaging in an unlawful conspiracy to violate §§ 3253, 3321, 2803(a), Title 26 U.S.C.A. Int.Rev.Code, by the unlawful sale of distilled spirits upon which the tax had not been paid, with the intent to defraud the United States of such tax, and the second charging him with the substantive offenses of unlawful...

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