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BUTLER v. UNITED STATES

No. 3265.

153 F.2d 993 (1946)

BUTLER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 12, 1946.

Attorney(s) appearing for the Case

Sid White, of Oklahoma City, Okl., for appellant.

Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl. (Robert E. Shelton, Asst. U. S. Atty., of Oklahoma City, Okl., on the brief), for the United States.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Butler was indicted, tried, and convicted for the offense of the possession of 11½ gallons of nontax-paid whiskey.

The evidence established these facts: Butler operated a cafe at 626 East Second Street, Oklahoma City, Oklahoma. Prior to July 19, 1945, he rented a garage located at 534 Northeast Third Street, Oklahoma City, Oklahoma. The owner furnished Butler with a key to a padlock on the garage door. The garage was about three...

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