JOHNSON v. UNITED STATES

No. 7938.

271 F.2d 596 (1959)

Joe Nathan JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 15, 1959.


Attorney(s) appearing for the Case

William F. Davis, Suffolk, Va., for appellant.

Sam D. Eggleston, Jr., Asst. U. S. Atty., Norfolk, Va. (John M. Hollis, U. S. Atty., Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and FIELD, District Judge.


PER CURIAM.

Appellant was indicted under a four count indictment charging him with having custody and control of an unregistered distilling apparatus, carrying on the business of a distiller without giving bond, making and causing to be fermented about 5,245 gallons of mash, and having in his possession a quantity of untaxed spirits. The trial was before the Court without a jury.

The government's evidence was that...

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