MOOMAW v. UNITED STATES

No. 15055.

220 F.2d 589 (1955)

Jewell B. MOOMAW, James Edward Crittenden and Kenneth Wallace Morrison, v. UNITED STATES of America.

United States Court of Appeals, Fifth Circuit.

March 30, 1955.


Attorney(s) appearing for the Case

Harold T. Pounders, Florence, Ala., for appellants.

Frank M. Johnson, U. S. Atty., Birmingham, Ala., M. L. Gwaltney, Fred S. Weaver, Asst. U. S. Attys., Double Springs, Ala., on the brief for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and DAWKINS, District Judge.


DAWKINS, District Judge.

Appellants and others were tried in the Northern District of Alabama under a 16-count indictment. Count One charged that the defendants had conspired to violate federal internal revenue laws relating to distilled spirits and listed 78 alleged overt acts. The specific acts which were in themselves violations of law were charged in subsequent counts as substantive offenses. Appellants were convicted on the conspiracy count only, and their appeal...

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