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WILSON v. UNITED STATES

No. 20084.

320 F.2d 493 (1963)

Brady WILSON, Bernard Wilson and Walter Russaw, Jr., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 24, 1963.

Attorney(s) appearing for the Case

Knox M. McMillan, Auburn, J. Arch McKee, Carl E. Maye, Roberts H. Brown, Brown & McMillan, Opelika, Ala., McKee & Maye, Opelika, Ala., for appellants.

Ben Hardeman, U. S. Atty., J. O. Sentell, Asst. U. S. Atty., Montgomery, Ala., for appellee.

Before RIVES, LEWIS, and BELL, Circuit Judges.

LEWIS, Circuit Judge.

The appellants and others were indicted by grand jury and charged with conspiracy1 to commit offenses2 against the United States in violation of the Internal Revenue Laws for activities relating to the establishment of a bootlegging business. The trial court held that there was insufficient evidence to warrant charging the jury as to certain offenses and limited its instructions to charges...

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