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GREEN v. UNITED STATES

Nos. 18852, 18928.

309 F.2d 852 (1962)

Irven GREEN and Robert Benjamin Smith, Appellants, v. UNITED STATES of America, Appellee. Arnold Jack JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 2, 1962.

Attorney(s) appearing for the Case

William F. Walsh, Houston, Tex., Zach H. Douglas, Jacksonville, Fla., for Green and Smith.

William Glenn Cone, Jacksonville, Fla., for Johnson.

John L. Briggs and Emmett A. Moran, Asst. U. S. Attys., Jacksonville, Fla., Edward F. Boardman, U. S. Atty., S. D. Fla. (Henry C. Stockell, Jr., Regional Counsel, William P. Crewe, Asst. Regional Counsel, John L. Fowler, Senior Atty., Internal Revenue Service, of counsel, on the brief), for appellee the United States.

Before BROWN, WISDOM and BELL, Circuit Judges.

WISDOM, Circuit Judge.

This is still another case in which the Allen or "dynamite" charge is the focal point of the appeal. We reverse and remand.

The appeals in these cases, here consolidated for decision, present identical questions of law arising from the conviction of the defendants for conspiracy to violate the Internal Revenue Code by conducting moonshining and bootlegging operations. The defendants, Green, Johnson, and Smith, along with seven others...

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