PARK v. UNITED STATES

No. 18253.

283 F.2d 253 (1960)

Andrew Clifford PARK and John W. Vandiver, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 18, 1960.


Attorney(s) appearing for the Case

Wesley R. Asinof, Atlanta, Ga., Jack S. Davidson, Jefferson, Ga., for appellants.

Charles D. Read, Jr., U. S. Atty., John W. Stokes, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before JONES, Circuit Judge, and HOOPER, District Judge.


PER CURIAM.

The appellants were convicted on two counts of an indictment charging operations in non-tax paid distilled spirits. One count was for a substantive offense and the other for conspiracy. As to the substantive offense, it was claimed as to Park that although there was evidence that he had undertaken to have the liquor delivered and had received payment for it before it was delivered, there was no evidence that it was ever in his personal custody and the...

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