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JOHNSON v. UNITED STATES

No. 17655.

273 F.2d 33 (1959)

William M. JOHNSON and Walter O'Neal, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 14, 1960.

Attorney(s) appearing for the Case

Fred S. Rizk, M. H. Myerson, Wayne E. Ripley, Jacksonville, Fla., for appellants.

John L. Briggs, U. S. Atty., E. Coleman Madsen, Chf. Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., Southern District of Florida, Jacksonville, Fla., for appellee.

Before HUTCHESON, TUTTLE and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Appellants, William Johnson and Walter O'Neal, were convicted on a one-count indictment for possession on May 18, 1955, of 125 gallons of nontaxpaid distilled spirits. 26 U.S.C.A. § 5008. They were also indicted, along with Robert Branch, for a conspiracy to carry on the business of dealing in spirituous liquors in violation of the law. The two cases were consolidated for trial. At the close of...

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