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BENTON v. UNITED STATES

No. 7126.

233 F.2d 491 (1956)

Hardin BENTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 22, 1956.

Attorney(s) appearing for the Case

Max F. Ferree and W. H. McElwee, No. Wilkesboro, N. C., for appellant.

H. Vernon Hart, Asst. U. S. Atty., Greensboro, N. C. (Edwin M. Stanley, U. S. Atty., Greensboro, N. C., on brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and PAUL, District Judge.

SOPER, Circuit Judge.

Hardin Benton was indicted under 26 U.S.C. §§ 7302 and 5686 of the Internal Revenue Code for the unlawful possession of 1700 pounds of sugar, a pick-up truck and other property intended for use in violation of the Internal Revenue laws with reference to distilled spirits. He waived a jury and was tried by the District Judge, who found him guilty and sentenced him to four months in jail. He appealed to this Court and was admitted to...

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