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BYARS v. UNITED STATES

No. 12822.

238 F.2d 82 (1956)

John Daniel BYARS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

October 17, 1956.

Attorney(s) appearing for the Case

Z. T. Osborn, Jr., Nashville, Tenn., for appellant.

Fred Elledge, Jr., and Andrew M. Gant, Jr., U. S. Attys., Nashville, Tenn., for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

PER CURIAM.

Following trial by jury, appellant was found guilty under a three-count indictment charging unlawful possession of a still, unlawfully carrying on the business of a distiller, and unlawful possession of distilled spirits, and received a sentence of $300 fine and imprisonment of 179 days. Sections 2810(a), 2833(a) and 2803(a), Title 26, U.S.Code.

Part of the Government's evidence was the testimony of two witnesses who stated that Matthews, a co...

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