UNITED STATES v. BARNHILL

No. 14801.

305 F.2d 164 (1962)

UNITED STATES of America, Plaintiff-Appellee, v. Carless Russell BARNHILL, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 29, 1962.


Attorney(s) appearing for the Case

Dale M. Quillen, Nashville, Tenn., on the brief, for appellant.

Kenneth Harwell, U. S. Atty., Elmer L. Cooke, Asst. U. S. Atty., Nashville, Tenn., on the brief, for appellee.

Before MILLER, Chief Judge, CECIL, Circuit Judge, and BOYD, District Judge.


SHACKELFORD MILLER, Jr., Chief Judge.

Appellant was found guilty by a jury under a single count indictment charging possession of whiskey in unstamped containers, in violation of Sections 5205 (a) (2) and 5604(a) (1), Title 26 United States Code. He received a sentence of a year and a day. His motion for a new trial was overruled and this appeal followed.

He complains first of a supplemental instruction given by the District Judge to the jury under the following...

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