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WAGONER v. UNITED STATES

No. 9803.

346 F.2d 995 (1965)

Ural Jackson WAGONER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 4, 1965.

Attorney(s) appearing for the Case

Harold T. Dodge (Court-assigned counsel) and Ross, Wood & Dodge on brief, Graham, N. C., for appellant.

William H. Murdock, U. S. Atty. (H. Marshall Simpson, Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and LEWIS, District Judge.

PER CURIAM.

Convicted of possession of an unregistered still1 and related offenses, the defendant has appealed contesting the legality and the factual basis of the presumptions created by 26 U.S.C.A. § 5601 (b). He has now abandoned the first phase of his argument in light of United States v. Gainey, 379 U.S. 804, 85 S.Ct. 29, but he contests the presumptions' factual premise.

We think the evidence sufficient to support the...

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