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MILLER v. UNITED STATES

No. 9972.

126 F.2d 771 (1942)

MILLER et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 24, 1942.

Attorney(s) appearing for the Case

M. H. Myerson and Dillon Hartridge, both of Jacksonville, Fla., for appellants.

H. S. Phillips, U. S. Atty., of Tampa, Fla., and Damon G. Yerkes and W. A. Paisley, Asst. U. S. Attys., both of Jacksonville, Fla., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Two joint indictments were returned against Harry Leaford Miller, Samuel Eugene Crosby, Jake Deese, Frank Deese, and Lee Cantrell. Indictment No. 6460-J was in six counts and charged that on March 7, 1941, the defendants were jointly engaged in illegal liquor operations in violation of the Internal Revenue Laws, 26 U.S.C.A.I.R.C. §§ 2803(a), 2810, 2833, 2834. Indictment No. 6461-J charged a conspiracy to violate the Internal Revenue...

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