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BURKE v. UNITED STATES

No. 24777.

387 F.2d 905 (1968)

Roy Lee BURKE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 9, 1968.

Attorney(s) appearing for the Case

Claude Garvin, Gainesville, Ga., for appellant.

Robert L. Smith, Asst. U. S. Atty., Charles L. Goodson, U. S. Atty., Atlanta, Ga., for appellee.

Before BROWN, Chief Judge, and GEWIN and WRIGHT, Circuit Judges.

PER CURIAM:

By a two count indictment, Appellant was charged in Count One with carrying on the business of a distiller and in Count Two of doing so with intent to defraud the United States in violation of 26 U.S.C.A. §§ 5601(a) (4) and 5602. The Jury acquitted Appellant on Count Two but found him guilty of carrying on the business of a distiller. The sole contention before us is the sufficiency of the evidence to support the Jury's verdict. We affirm.

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