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UNITED STATES v. COSTNER

Nos. 16296, 16297.

359 F.2d 969 (1966)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Israel COSTNER and James Gunter, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

May 11, 1966.

Attorney(s) appearing for the Case

John F. Dugger, Morristown, Tenn., H. M. Bacon, Morristown, Tenn., on brief, for Costner.

William E. Badgett, Knoxville, Tenn., for Gunter.

Ottis B. Meredith, Asst. U. S. Atty., Knoxville, Tenn., J. H. Reddy, U. S. Atty., Knoxville, Tenn., on brief, for appellee.

Before O'SULLIVAN, EDWARDS and CELEBREZZE, Circuit Judges.

O'SULLIVAN, Circuit Judge.

This cause presents the appeals of Joe Israel Costner and James Gunter from judgments entered upon a jury verdict convicting them of illegal traffic in nontaxpaid whiskey. Appellant Costner was convicted on Counts One, Two and Five of a five count indictment. Count One charged that he and others possessed and sold illegal whiskey on April 18, 1962, in violation of Sections 5205(a) (2) and 5604(a) (1), United States Code, Title 26...

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