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FAHNING v. UNITED STATES

No. 18847.

299 F.2d 579 (1962)

Willard Donnell FAHNING, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 14, 1962.

Attorney(s) appearing for the Case

Howard C. Hadden, Orlando, Fla., for appellant.

Don M. Stichter, Asst. U. S. Atty., Tampa, Fla., Edward F. Boardman, U. S. Atty., Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.

JONES, Circuit Judge.

A ten-count indictment was returned against the appellant and five others. The first count charged a conspiracy to violate the liquor revenue laws of the United States. Eight illegal purposes were set forth in technical terms, the gist of which is that the defendants had conspired to make and sell untaxed moonshine whiskey. Twenty-one overt acts were set out, and in eleven of them the appellant was charged...

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