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WYATT v. UNITED STATES

Nos. 9589, 9590.

388 F.2d 395 (1968)

Ellsworth Willie WYATT, Appellant, v. UNITED STATES of America, Appellee. Chester CHANDLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 2, 1968.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Denver, Colo., for appellant, Ellsworth Willie Wyatt.

Arlen S. Ambrose, Denver, Colo., for appellant, Chester Chandler.

Robert L. Berry, Asst. U. S. Atty., Oklahoma City, Okl. (B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

Before MURRAH, Chief Judge, and HILL and SETH, United States Circuit Judges.

HILL, Circuit Judge.

Appellants, Wyatt and Chandler, were tried upon a seven count indictment charging six substantive violations of the internal revenue laws pertaining to non-tax-paid liquor (26 U.S.C. § 5601(a) (12), § 5604(a) (1), § 5205(a) (2) and § 5686(a)) and one count under 18 U.S.C. § 371, charging a conspiracy to violate some of the above mentioned statutes. A jury found Wyatt guilty on four of the substantive counts and Chandler...

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