McINTIRE v. UNITED STATES

No. 4948.

217 F.2d 663 (1954)

Percy McINTIRE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 27, 1954.

Writ of Certiorari Denied February 28, 1955.


Attorney(s) appearing for the Case

Douglas Garrett, Muskogee, Okl. (Claude Garrett and Cleon A. Summers, Muskogee, Okl., were with him on the brief), for appellant.

Harry G. Fender, Asst. U. S. Atty., Muskogee, Okl. (Frank D. McSherry, U. S. Atty., Muskogee, Okl., and Paul M. Brewer, Asst. U. S. Atty., Wewoka, Okl., were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.


Writ of Certiorari Denied February 28, 1955. See 75 S.Ct. 442.

PHILLIPS, Chief Judge.

McIntire was charged by an indictment containing five counts. The first count charged that McIntire and five others had in their possession and custody and under their control an unregistered still and distilling apparatus for the production of spiritous liquors, in violation of 26 U.S.C.A. § 2810. The second count charged the same defendants with carrying on the business...

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