MONNETTE v. UNITED STATES

No. 18775.

299 F.2d 847 (1962)

Maynard Paul MONNETTE and Robert Christianson Noreng, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 26, 1962.


Attorney(s) appearing for the Case

Jos. P. Manners, Manners & Amoon, Miami, Fla., for appellants.

Robert W. Rust, Edmond J. Gong, Lavinia L. Redd, Asst. U. S. Attys., Edward F. Boardman, U. S. Atty., Miami, Fla., for appellee.

Before JONES and BELL, Circuit Judges and SIMPSON, District Judge.


SIMPSON, District Judge.

Monnette and Noreng, Appellants, were tried before a jury, convicted and sentenced upon Counts 1 and 4 of a 5-count indictment1 charging violation of the Internal Revenue Code with respect to non-tax paid distilled spirits, or "moonshine". Count 1 charged that they had under their control unregistered distilling apparatus (Sec. 5179(a) and 5601 (a) (1), Title 26 U.S.Code) and Count 4 charged possession of 105 gallons...

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