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UNITED STATES v. GAINEY

No. 13.

380 U.S. 63 (1965)

UNITED STATES v. GAINEY.

Supreme Court of United States.

Decided March 1, 1965.

Attorney(s) appearing for the Case

Louis F. Claiborne argued the cause for the United States. With him on the brief were Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Jerome M. Feit.

Joseph H. Davis argued the cause for respondent. With him on the brief was J. Sewell Elliott.

MR. JUSTICE STEWART delivered the opinion of the Court.

After a jury trial in the United States District Court for the Middle District of Georgia, respondent Jackie Gainey was convicted of violating 26 U. S. C. § 5601 (a) (1) (possession, custody or control of a set up, unregistered still and distilling apparatus) and 26 U. S. C. § 5601 (a) (4) (carrying on "the business of a distiller or rectifier without having...

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