BARRETT v. UNITED STATES

No. 19574.

322 F.2d 292 (1963)

Roy Lee BARRETT, Jackie Hamilton Gainey and Cleveland Johns, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 5, 1963.


Attorney(s) appearing for the Case

Joseph H. Davis, Macon, Ga., for appellants.

William A. Davis, Jr., Asst. U. S. Atty., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and JOHNSON, District Judge.


WISDOM, Circuit Judge.

The defendants-appellants raise an important issue — the constitutionality of the statutory presumptions which Section 5601(b), Title 26 U.S.C.A. establishes. These are presumptions of a defendant's possession of a still and of carrying on the business of a distiller on a showing of the defendant's unexplained presence at the site of an unregistered still. Reluctantly, because of a proper respect...

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