KENDALL v. UNITED STATES

No. 10362.

131 F.2d 431 (1942)

KENDALL v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 31, 1942.


Attorney(s) appearing for the Case

F. Larcus Clements, of Macon, Ga., and Joel B. Mallet, of Jackson, Ga., for appellant.

T. Hoyt Davis, U. S. Atty., of Macon, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

Convicted on four counts of an indictment charging (1) possession of an unregistered still, (2) carrying on the business of a distiller without giving bond, (3) doing so with intent to defraud the Government, and (4) working at an unregistered still, defendant was sentenced to pay a fine of $300 and to serve 18 months in the penitentiary.

Assigning as error, the refusal to direct a verdict of not guilty on his motion, and the giving...

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