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ORTON v. UNITED STATES

No. 6944.

221 F.2d 632 (1955)

Robert T. ORTON, Hubert Earl Hoffler, Rubin Pierce, Henry Bryant Denby, Joseph Roughton, Gordon Emmett Lemirande, Seldon Guy Hoffler, and William Henry Johnson, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 12, 1955.

Attorney(s) appearing for the Case

Clyde W. Cooper, Portsmouth, Va., and Virgil H. Goode, Rocky Mount, Va., for appellants.

L. S. Parsons, Jr., U. S. Atty., Norfolk, Va. (John M. Hollis, Asst. U. S. Atty., Norfolk, Va., on brief), for appellee.

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

PARKER, Chief Judge.

This is an appeal by eight persons who were convicted in the court below of conspiracy to manufacture, remove and conceal distilled spirits in violation of the internal revenue laws. The indictment alleged twenty-nine overt acts done in furtherance of the conspiracy, including the operation of illicit distilleries in Nansemond County, Virginia, and Hertford County, North Carolina. The defendants contend: (1) that verdict should have been directed...

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