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PRICE v. UNITED STATES

No. 11229.

150 F.2d 283 (1945)

PRICE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 7, 1945.

Attorney(s) appearing for the Case

John W. Vardaman, of Anniston, Ala., for appellant.

Jim C. Smith, U. S. Atty., of Birmingham, Ala., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

LEE, Circuit Judge.

Appellant was tried in the court below on an indictment containing three counts. He was convicted only on the second count, which charged him with removing, depositing, and concealing distilled spirits on which a tax was imposed, with an intent to defraud the United States of such tax, in violation of Section 3321 of the Internal Revenue Code, 26 U.S.C.A.Int.Rev. Code, § 3321.

Here he urges (1) that the court erred in charging the...

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