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BROWN v. UNITED STATES

No. 19965.

317 F.2d 521 (1963)

George Arnold BROWN, Bunk Doyle Clifton and Raymond Lloyd Pell, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 22, 1963.

Attorney(s) appearing for the Case

Louis Ossinsky, Sr., James H. Tucker, Ossinsky & Krol, Daytona Beach, Fla., for appellants.

Edward F. Boardman, U. S. Atty., William Hamilton, Jr. and James H. Walsh, Asst. U. S. Attys., Jacksonville, Fla., for appellee.

Before RIVES and GEWIN, Circuit Judges, and SHEEHY, District Judge.

SHEEHY, District Judge.

The appellants were jointly charged by indictment consisting of five counts with certain violations of the Internal Revenue laws of the United States. Count One charged them with unlawful possession of a distilling apparatus in violation of Section 5601(a) (1), Title 26 U.S.C.A.; Count Two charged them with carrying on the business of a distiller without having given bond in violation of Section 5601(a) (4), Title 26 U.S.C.A.; Count Three charged...

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