UNITED STATES v. BAXTER

No. 16524.

361 F.2d 116 (1966)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Eugene BAXTER, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 17, 1966.


Attorney(s) appearing for the Case

Daniel W. Davies, Newport, Ky., for appellant.

George I. Cline, U. S. Atty., J. T. Frankenberger, Asst. U. S. Atty., Lexington, Ky., for appellee.

Before WEICK, Chief Judge, EDWARDS, Circuit Judge, and CECIL, Senior Circuit Judge.


EDWARDS, Circuit Judge.

Defendant was convicted by District Judge Mac Swinford, sitting without a jury, of violating 26 U.S.C. §§ 5222(a) (1) and 5686(a). The first statute prohibits the production or transportation of mash fit for distillation of distilled spirits without appropriate Treasury authorization. The second statute prohibits possession of property which had been used or was intended to be used for producing such illegal spirits. On each count...

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