BROOKS v. UNITED STATES

No. 11906.

164 F.2d 142 (1947)

BROOKS et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1947.


Attorney(s) appearing for the Case

J. W. Arnold, Abit Nix and Joseph E. Webb, all of Athens, Ga., for appellants.

John P. Cowart, U. S. Atty., and T. Reese Watkins, Asst. U. S. Atty., both of Macon, Ga., for appellee.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.


HUTCHESON, Circuit Judge.

Upon an indictment in one count charging fourteen defendants with a single conspiracy to manufacture, possess, control, transport and sell distilled spirits in violation of internal revenue laws, the United States put twelve of them on trial and obtained a conviction against them.

Appealing from their conviction, the defendants are here insisting that there was a prejudicial and fatal variance between the indictment and the proof...

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