UNITED STATES v. KING

No. 289, Docket 30753.

373 F.2d 813 (1967)

UNITED STATES of America, Appellee, v. Tyson KING, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 6, 1967.


Attorney(s) appearing for the Case

Donald F. McCaffrey, Asst. U. S. Atty., Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty. for Eastern Dist. of New York, Brooklyn, N. Y., on the brief), for appellee.

Richard I. Rosenkranz, New York City (Joshua N. Koplovitz and Anthony F. Marra, New York City, on the brief), for defendant-appellant.

Before MEDINA, ANDERSON and FEINBERG, Circuit Judges.


MEDINA, Circuit Judge:

Tyson King appeals from a conviction by Judge Rayfiel, sitting without a jury, of aiding and abetting the "carrying on" of the business of a distiller without giving bond, in violation of 26 U.S.C. Section 5601(a) (4), finding it not necessary to apply the presumption of "carrying on" the illicit business from appellant's presence at the still site as provided in the statute. Appellant challenges the sufficiency of the evidence in the absence...

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