JOHN E. MILLER, District Judge.
An indictment containing two counts was returned by the Grand Jury against the defendant, James Frank Nichols, on May 25, 1948. Count 1 charges a violation of Section 2803, Title 26 U.S.C.A.Int.Rev.Code, in that on or about January 15, 1948, in a 1936 Plymouth sedan the defendant had in his possession and custody 30 one gallon jugs of distilled spirits, upon which no stamps were affixed denoting the quantity thereof and evidencing payment...
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