SMITH v. UNITED STATES

No. 16155.

241 F.2d 267 (1957)

J. O. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 5, 1957.


Attorney(s) appearing for the Case

James Maddox, of Maddox & Maddox, Rome, Ga., for appellant.

James W. Dorsey, U. S. Atty., J. Robert Sparks and John W. Stokes, Jr., Asst. U. S. Attys., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.


HUTCHESON, Chief Judge.

Appellant was convicted on count two of an indictment charging that he and others unlawfully possessed "certain distilled spirits, to-wit: 3 gallons, the immediate containers thereof not having affixed thereto stamps denoting the quantity of distilled spirits contained therein and evidencing payment of all internal revenue taxes imposed on such spirits, in violation of Section 5008, Title 26 U.S. C."

Appealing from the judgment, he...

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