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KIVETTE v. UNITED STATES

No. 15630.

230 F.2d 749 (1956)

Lima Lynn KIVETTE and Dow Kivette, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 7, 1956.

Attorney(s) appearing for the Case

Fred W. New, Quitman, Ga., for appellants.

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

Before BORAH, TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

Dow Kivette and Lima Lynn Kivette, husband and wife, appeal from their convictions of possessing, transporting, and selling nontaxpaid distilled spirits.1 Although it is briefly urged that the verdict was contrary to the weight of the evidence, the main points relied on for reversal are (1) the overruling of a motion to dismiss the indictment for misjoinder of defendants and offenses; (2) the overruling of a motion...

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