HARRIS v. UNITED STATES

No. 24303.

400 F.2d 264 (1968)

Andrew J. HARRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 23, 1968.


Attorney(s) appearing for the Case

Allen W. Lindsay, Milton, Fla., for appellant.

Clinton Ashmore, U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., Horace P. Rowley, III, Asst. U. S. Atty., New Orleans, La., for appellee.

Before JOHN R. BROWN, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.


WISDOM, Circuit Judge:

Andrew J. Harris, defendant-appellant, was charged and convicted in the district court on three counts of unlawful sale and unlawful possession of nontaxpaid whiskey.

November 3, 1965, Walter McCullough, a Government informer, paid Harris $130 for twenty gallons of moonshine whiskey. According to their agreement, the whiskey was to be procured by another from yet another party and to be delivered by that fourth party to McCullough. November...

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