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FOSTER v. UNITED STATES

No. 5568.

160 F.2d 576 (1947)

FOSTER v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

March 12, 1947.

Attorney(s) appearing for the Case

J. Allen Lambright and Venable Vermont, both of Spartanburg, S. C. (Robert J. Gantt, of Spartanburg, S. C., on the brief), for appellant.

Edward P. Riley, Asst. U. S. Atty., of Greenville, S. C. (Oscar H. Doyle, U. S. Atty., and Walter H. Hood, Asst. U. S. Atty., both of Greenville, S. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal in an illicit distilling case. The evidence unquestionably shows the operation of the distillery and the various violations of the internal revenue statutes charged in the indictment. The only question before us is whether the connection of appellant with the illegal enterprise is sufficiently shown. We think that it is. When the evidence is considered in the light most favorable to the prosecution, as it must be in passing upon the motion...

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