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GRIMES v. UNITED STATES

No. 11404.

151 F.2d 417 (1945)

GRIMES v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 18, 1945.

Attorney(s) appearing for the Case

C. A. Cunningham, of Macon, Ga., for appellant.

Chas. W. Walker, Asst. U. S. Atty., and John P. Cowart, U. S. Atty., both of Macon, Ga., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

LEE, Circuit Judge.

One J. Shelton Kitchens and appellant were jointly indicted on two counts charging them with the unlawful possession and transportation, on or about October 29, 1944, within the Macon Division of the Middle District of Georgia, of tax-unpaid whiskey, in violation of 26 U.S.C.A.Int.Rev. Code, § 2803(a) and (g). Kitchens pleaded guilty, appellant not guilty, to the charges. Appellant was thereafter duly tried, was found guilty as charged on...

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