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UNITED STATES v. PERRY

Nos. 11405-11407.

389 F.2d 103 (1968)

UNITED STATES of America, Appellee, v. Willard PERRY, Appellant. UNITED STATES of America, Appellee, v. Modis PERRY, Appellant. UNITED STATES of America, Appellee, v. Herbert Hoover BROWN, Appellant.

United States Court of Appeals Fourth Circuit.

Decided January 23, 1968.

Attorney(s) appearing for the Case

John E. Davenport, Nashville, N. C. (Court-appointed counsel), for appellants.

Larry G. Ford, Asst. U. S. Atty. (Robert H. Cowen, U. S. Atty., on brief), and William S. McLean, Asst. U. S. Atty. (Robert H. Cowen, U. S. Atty., on brief), for appellee the United States.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and MERHIGE, District Judge.

PER CURIAM:

Each of the appellants was convicted in the District Court of violating 26 U.S.C. § 5686(a) by having in his possession, in the eastern part of North Carolina, property intended for use in violation of the provisions of the Internal Revenue laws relating to the manufacture and sale of untaxpaid whiskey. Modis Perry and Willard Perry were charged and tried together. Herbert Hoover Brown was charged and tried separately.

The property was half...

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