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PADGETT v. UNITED STATES

No. 18193.

283 F.2d 244 (1960)

Elza P. PADGETT and Morris Miller, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 17, 1960.

Attorney(s) appearing for the Case

Clyde W. Atkinson, Walter J. Smith, Tallahassee, Fla., for appellant.

Wilfred C. Varn, U. S. Atty., Edward L. Stahley, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.

PER CURIAM.

The appellants and others were convicted on a charge of conspiring to violate the laws relating to the unlawful making and selling of non-tax-paid liquor.

Both appellants assert that error was committed in receiving in evidence testimony as to statements said to have been made by a member of the conspiracy at times and places when and where the appellants were not present. Delaney v. United States, 263 U.S. 586,...

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