BENJAMIN C. DAWKINS, Sr., District Judge.
In the indictment it is charged that Joseph Earl Wilder and Robert Dempsey McSwain, "* * * did possess 90 gallons of distilled spirits * * *" in violation of Sec. 5008 of Title 26 U.S.Code. In the first trial McSwain was convicted, the jury could not agree as to Wilder and a mistrial was entered. On a second trial November 13, 1956, after deliberating approximately three hours, the jury first reported as follows:
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