UNITED STATES v. CHAMPION

No. 11465.

387 F.2d 561 (1967)

UNITED STATES of America, Appellee, v. David Earle CHAMPION and Claude Vance Cooley, Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 29, 1967.


Attorney(s) appearing for the Case

Irvin B. Tucker, Jr., Raleigh, N. C., for appellants.

Alton T. Cummings, Asst. U. S. Atty. (Robert H. Cowen, U. S. Atty., on the brief), for appellee.

Before BOREMAN, CRAVEN and BUTZNER, Circuit Judges.


CRAVEN, Circuit Judge.

We think this is a case of indictment under the wrong statute and reverse the convictions obtained. The Internal Revenue statutes have broken down the various steps and phases of the illicit liquor business and made each of them a separate offense. "One who neither engages in the conduct specifically prohibited, nor aids and abets it, does not violate the section which prohibits it," however guilty he may be under some other section not charged...

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