UNITED STATES v. ELLER

No. 6677.

208 F.2d 716 (1953)

UNITED STATES v. ELLER et al.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1953.


Attorney(s) appearing for the Case

Bryce R. Holt, U. S. Atty., Greensboro, N. C., for appellant.

Kyle Hayes, No. Wilkesboro, N. C. (Clyde Hayes, No. Wilkesboro, N. C., on the brief) for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

This is an appeal by the United States from a judgment dismissing an indictment charging in twenty counts that the defendants, wholesale grocers of North Wilkesboro, North Carolina, had disposed of more than two million pounds of sugar without making the returns with regard thereto which the law requires in such cases. The sales and dispositions complained of in the indictment were made subsequent to April 1, 1951, and the trial judge was of opinion...

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