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SUPREME MALT PRODUCTS CO. v. UNITED STATES

No. 4043.

153 F.2d 5 (1946)

SUPREME MALT PRODUCTS CO., Inc., v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

January 15, 1946.

Attorney(s) appearing for the Case

Julius H. Soble, of Boston, Mass., for appellant.

Joseph M. Hargedon, Asst. U. S. Atty., of Boston, Mass. (Edmund J. Brandon, U. S. Atty., and Christopher A. Nolan, Atty., Alcohol Tax Unit, both of Boston, Mass., of counsel), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

The defendant was convicted on an information which charged that it "did engage in the business of purchasing for resale at wholesale distilled spirits, wines, or malt beverages without having secured the basic permit required by Section 3(c) of the Federal Alcohol Administration Act; Section 203(c) Title 27, U.S.C."1 At the close of the government's case, the defendant moved for a directed verdict. The

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