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PUGLIESE v. UNITED STATES

No. 6344.

343 F.2d 837 (1965)

Edward A. PUGLIESE, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

April 13, 1965.

Attorney(s) appearing for the Case

Ronald R. Popeo, with whom James L. Kenney, Boston, Mass., was on brief, for appellant.

Paul L. Normandin, Asst. U. S. Atty., with whom Louis M. Janelle, U. S. Atty., and John D. McCarthy, Asst. U. S. Atty., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Chief Judge.

The defendant was tried and convicted under a multi-count indictment involving the operation of an illegal still. The evidence placed him on the premises shortly after a raid by Treasury agents. Because his presence was unexplained the government's prima facie case was made out by the presumptions authorized by sections 5601(b) (1) and (2) of Title 26 U.S.C. Unfortunately, for present purposes, instead...

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