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LUTTRELL v. UNITED STATES

No. 19744.

320 F.2d 462 (1963)

Aubrey McRae LUTTRELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 3, 1963.

Attorney(s) appearing for the Case

Hugh N. Clayton, New Albany, Miss., for appellant.

H. M. Ray, U. S. Atty., Alfred E. Moreton, III, Asst. U. S. Atty., Oxford, Miss., for appellee.

Before RIVES and WISDOM, Circuit Judges, and BOOTLE, District Judge.

BOOTLE, District Judge.

Appellant, Clim Allen Cross, and Oliver Prince were indicted in Count I for a conspiracy to violate the Internal Revenue Laws relating to distilled spirits; and appellant and Cross were indicted in Count II for possessing an unregistered distillery and in Count III for possessing non-tax-paid whiskey. Appellant's two co-defendants entered pleas of guilty, and appellant suffered conviction at the hands of the jury. His appeal is based upon his...

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