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UNITED STATES v. BYARS

No. 14401.

290 F.2d 515 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. John Daniel BYARS, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 30, 1961.

Attorney(s) appearing for the Case

Dale M. Quillen, Nashville, Tenn., for defendant-appellant, Philip M. Carden, Nashville, Tenn., on the brief.

Beverly M. Medley, Asst. U. S. Atty., Nashville, Tenn., for plaintiff-appellee, Fred Elledge, Jr., U. S. Atty., Nashville, Tenn., on the brief.

Before McALLISTER, CECIL and O'SULLIVAN, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Defendant-Appellant, John Daniel Byars, was convicted by a jury on two counts of an indictment, each of which charged him with violation of Sections 5205(a) (2) and 5604(a) (1) of Title 26, U.S.C.A. (unlawful possession of distilled spirits). He asks reversal on this appeal on the following alternative grounds: first, that the indictment should have been dismissed; second, that his acquittal should have been directed; third, that he should...

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