WISDOM, Circuit Judge.
L. B. McFarland, appellant, with Andrew Tucker and Leila Mae Davis, was charged with: (1) possession of an unregistered distillery, in violation of 26 U.S.C.A. § 5174; (2) carrying on the business of a distiller, in violation of 26 U.S.C.A. § 5606; and (3) making and fermenting 4000 gallons of mash, in violation of 26 U.S.C.A. § 5216. The jury found the appellant McFarland guilty only on the count of illegal possession. On this...
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