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GRIFFIN v. UNITED STATES

No. 7921.

269 F.2d 903 (1959)

Jimmie GRIFFIN and Ray Stearns Moore, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 2, 1959.

Attorney(s) appearing for the Case

Frazier Woolard, Washington, N. C. (LeRoy Scott, Washington, N. C., on the brief), for appellants.

Irvin B. Tucker, Jr., Asst. U. S. Atty., Raleigh, N. C. (Julian T. Gaskill, U. S. Atty., Goldsboro, N. C., on the brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and THOMSEN, District Judge.

HAYNSWORTH, Circuit Judge.

Griffin and Moore were convicted of making mash, of carrying on the business of a distiller without having given the bond required by law and of possession of materials intended for use in violation of the Internal Revenue laws. The indictment is phrased generally in the language of 26 U.S.C.A. §§ 5216(a) (1), 5606 and 5686(b), the indictment containing a separate count charging a violation of each of those sections.

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