CORBIN v. UNITED STATES

No. 5736.

253 F.2d 646 (1958)

Ben CORBIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

February 17, 1958.


Attorney(s) appearing for the Case

Carroll Samara, Oklahoma City, Okl. (Herbert K. Hyde, Oklahoma City, Okl. of counsel, on the brief), for appellants.

Philip R. Douglas, Asst. U. S. Atty., Oklahoma City, Okl. (Paul W. Cress, U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

Before MURRAH, LEWIS, and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellant Corbin was charged in a two count indictment with the possession, removal and concealment of whiskey on which the required federal tax had not been paid.1 A jury found him guilty on each count. The trial court imposed concurrent sentences. Appellant asserts that the evidence was insufficient and that the instructions were erroneous.

At the conclusion of the government's case, Corbin demurred...

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