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McCRAY v. UNITED STATES

No. 17853.

276 F.2d 705 (1960)

Calvin McCRAY and Joseph Eross Fields, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 14, 1960.

Attorney(s) appearing for the Case

Albert J. Datz, Jacksonville, Fla., for appellants.

John L. Briggs, Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., Southern Dist. of Florida, Miami, for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

HUTCHESON, Circuit Judge.

Jointly charged in a four count indictment1 with offenses against the Internal Revenue Laws, 26 U.S.C., Secs. 5174, 5606, 5216, and 5008, defendants entered a plea of not guilty, and their counsel stated to the jury:

"We believe that the evidence will show that these defendants were at a still site operation, that they had participated in the operation of a still, but that they had withdrawn from such...

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