SOBELOFF, Chief Judge.
This appeal is directed chiefly to the sufficiency of the evidence to support the appellant's conviction under the first count of an indictment, for violating Section 5174 of Title 26 U.S.C. (Internal Revenue Code of 1954) by having in his custody and under his control a certain "distilling apparatus set up" which had not been registered. For this offense he was sentenced to imprisonment for two years, a penalty of $500.00 and fine of $1.00...
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