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UNITED STATES v. IVEY

No. 8658.

310 F.2d 227 (1962)

UNITED STATES of America, Appellee, v. Marion Lee IVEY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 9, 1962.

Attorney(s) appearing for the Case

D. K. Stewart, Dunn, N. C., and Maupin, Broughton, Taylor & Ellis, Raleigh, N. C., on the brief for appellant.

William L. Hill, II, Asst. U. S. Atty. (Robert H. Cowen, U. S. Atty., on the brief), for appellee.

Before BRYAN and BELL, Circuit Judges, and HUTCHESON, District Judge.

ALBERT V. BRYAN, Circuit Judge.

In this illicit still case Marion Lee Ivey appeals his conviction on the ground that the District Court erred in its charge to the jury in respect to the submission of the provisions of 26 U.S.C. § 5601(b) (1), reading as follows:

"(b) Presumptions. — "(1) Unregistered stills. — Whenever on trial for violation of subsection (a) (1) the defendant is shown to have been at the site or...

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