BUSH v. UNITED STATES

No. 4980.

218 F.2d 223 (1954)

Henry BUSH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

December 24, 1954.


Attorney(s) appearing for the Case

Charles D. Montfort, Denver, Colo., for appellant.

James A. Borland, Asst. U. S. Atty. (Paul F. Larrazolo, U. S. Atty., Albuquerque, N. M., was with him on the brief), for appellee.

Before BRATTON, MURRAH, and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

Henry Bush, herein referred to as defendant, was indicted, convicted and sentenced for violation of 26 U.S.C.A. § 3253, which prohibits the carrying on of the business of a retail liquor dealer without paying the special tax required by 26 U.S.C.A. § 3250. The first count of the indictment charges that on the 27th day of September, 1953, at Roswell, New Mexico, the defendant "did sell two...

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