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SPENCER v. UNITED STATES

No. 15907.

239 F.2d 5 (1956)

Thomas Elliott SPENCER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 11, 1956.

Attorney(s) appearing for the Case

Wesley R. Asinof, Atlanta, Ga., for appellant.

Robert B. Thompson, Asst. U. S. Atty., Frank O. Evans, U. S. Atty., Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and BROWN, Circuit Judges.

BORAH, Circuit Judge.

Appellant, Thomas Elliott Spencer, along with his co-defendants Henry Logan, Joe J. Arrendale, and Francine White, were tried and convicted in the District Court on all counts of a five-count indictment which charged them with the violation of the Internal Revenue laws1 in connection with the operation of a still. Count one charged defendants with the possession of an unregistered still and distilling apparatus; Count...

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