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KITT v. UNITED STATES

No. 4995.

132 F.2d 920 (1942)

KITT et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

December 29, 1942.

Attorney(s) appearing for the Case

Hiram M. Smith, of Richmond, Va., for appellants.

Walkley E. Johnson, Asst. U. S. Atty., of Newport News, Va. (Sterling Hutcheson, U. S. Atty. and John V. Cogbill, Asst. U. S. Atty., both of Richmond, Va., and Blair M. Ilderton, Atty., Alcohol Tax Unit, of Baltimore, Md., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

DOBIE, Circuit Judge.

Harry Kitt, Max Sklar, Milton Lerner, Elmer Pecht and Ealam C. Fitts were charged and tried in the United States District Court for crimes against the United States under an indictment containing five counts. The first count charged that the defendants had in their custody and control a distilling apparatus which had not been registered. The second count charged that they carried on the business of a...

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