CLARK v. UNITED STATES

No. 18656.

293 F.2d 445 (1961)

Odell CLARK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 16, 1961.


Attorney(s) appearing for the Case

Roberts H. Brown, Opelika, Ala., Knox M. McMillan, Auburn, Ala., Brown & McMillan, Opelika, Ala., for appellant.

Hartwell Davis, U. S. Atty., Ira DeMent, Asst. U. S. Atty., Montgomery, Ala., for appellee.

Before JONES and BROWN, Circuit Judges, and DE VANE, District Judge.


JONES, Circuit Judge.

Odell Clark appeals from a conviction for concealment of untaxed distilled spirits in violation of 26 U.S.C.A. § 5632, and for the transportation of the same commodity contrary to 26 U.S.C.A. §§ 5205(a) (2) and 5604(a). He was jointly indicted with Kyle Bennett Crowley who entered a plea of guilty.

Niles H. Graham, a federal agent, and John H. Bence, an Alabama agent, were secreted in the woods across the street from the...

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