SUTTON v. UNITED STATES

No. 11561.

157 F.2d 661 (1946)

SUTTON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied October 15, 1946.


Attorney(s) appearing for the Case

Astor Merritt, of Douglasville, Ga., and B. Frank Whelchel, of Gainesville, Ga., for appellant.

Joel B. Mallett, Litigation Atty., O.P.A., and Allen E. Lockerman, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

Appellant was convicted upon a criminal information charging that on December 28, 1944, he willfully and unlawfully did have in his possession and under his control, in violation of Second Revised Ration Order No. 3 and General Ration Order No. 8, as amended, ten thousand pounds of sugar, the same being a rationed commodity.

No demurrer, motion to quash, or motion for bill of particulars was filed, but at the close of all the evidence...

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