SCARBOROUGH v. UNITED STATES

No. 15492.

232 F.2d 412 (1956)

William A. SCARBOROUGH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 20, 1956.


Attorney(s) appearing for the Case

Robert W. Gwin, Birmingham, Ala., T. J. White, Gulfport, Miss., Beddow, Gwin & Embry, Birmingham, Ala., for appellant.

Atley A. Kitchings, Frank M. Johnson, Jr., U. S. Attys., Leon J. Hopper, Asst. U. S. Atty., Birmingham, Ala., for appellee.

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


RIVES, Circuit Judge.

The indictment charged a conspiracy, 18 U.S.C.A. § 371, extending "from, to-wit, the 1st day of July, 1953, to, to-wit, the 9th day of April, 1954", a period of approximately nine months and nine days, to violate the internal revenue laws relating to nontax paid whiskey. Twenty-four additional counts charged various substantive violations of such laws. The appellant was charged only in the conspiracy count, in which he was charged with having...

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