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UNITED STATES v. HARRIS

No. 9263.

331 F.2d 185 (1964)

UNITED STATES of America, Appellee, v. Herman HARRIS, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 23, 1964.

Attorney(s) appearing for the Case

Hubert H. Senter, Franklinton, N. C. (Herman Harris and Irvin B. Tucker, Jr., Raleigh, N. C., on brief), for appellant.

Gerald L. Bass and Alton T. Cummings, Asst. U. S. Attys. (Robert H. Cowen, U. S. Atty., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

PER CURIAM.

Herman Harris was convicted by a jury of removing, depositing and concealing 150 gallons of nontaxpaid whiskey in violation of Section 7206(4) of Title 26 United States Code. We think he should have a new trial.

At the time of the alleged offense and prior thereto, in addition to doing farm work, Harris was operating, on Friday, Saturday and Sunday of each week between the hours of 5:00 and 11:00 P.M....

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