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HOOPER v. UNITED STATES

No. 24429.

388 F.2d 392 (1968)

Claude Cornelius HOOPER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 17, 1968.

Attorney(s) appearing for the Case

John Tucker, Birmingham, Ala., for appellant.

R. Macey Taylor, Melton L. Alexander, Asst. U. S. Attys., Birmingham, Ala., Macon L. Weaver, U. S. Atty., for appellee.

Before RIVES, GOLDBERG and DYER, Circuit Judges.

PER CURIAM.

A jury found Claude Cornelius Hooper guilty of possession of an unregistered distillery, 26 U.S.C. § 5179, possession of non-tax-paid whiskey, 26 U.S.C. § 5205, and of working in an unregistered distillery, 26 U.S.C. § 5681. Hooper seeks reversal, relying primarily on Vick v. United States, 5 Cir. 1954, 216 F.2d 228, which held that mere presence at a still and attempted flight from a raid is insufficient...

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