FOWLER v. UNITED STATES

No. 15886.

234 F.2d 695 (1956)

Elmer FOWLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 15, 1956.


Attorney(s) appearing for the Case

Henry N. Payton, Newnan, Ga., for appellant.

James W. Dorsey, U. S. Atty., John W. Stokes, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a conviction on two counts, (1) of unlawfully possessing and (2) of unlawfully depositing and concealing nontaxpaid distilled spirits. The specifications of error challenge the sufficiency and weight of the evidence to sustain the verdict, and a part of the trial court's instructions to the jury.

The prosecution's evidence tended to show that on Sunday, May 30, 1954, state revenue agents Garrett and Williams found...

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