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HURST v. UNITED STATES

No. 22399.

370 F.2d 161 (1967)

Joseph J. HURST, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 16, 1967.

Attorney(s) appearing for the Case

B. H. Chappell, Columbus, Ga., Jesse G. Bowles, Cuthbert, Ga., Jackson Cook, Ellis Arnall, Atlanta, Ga., Foley, Chappell, Young, Hollis & Schloth, Columbus, Ga., Arnall, Golden & Gregory, Atlanta, Ga., for appellant.

Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.

Rehearing Denied February 16, 1967. See 371 F.2d 1018.

COLEMAN, Circuit Judge:

Appellant stands convicted by a jury of conspiracy to violate various sections of the Internal Revenue Code relating to nontax-paid whiskey and he was also convicted on one of three counts charging substantive violations of the same statutes. There had been a prior trial of the case in which he was convicted on the conspiracy count and the three...

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