McMILLIAN v. UNITED STATES

No. 24998.

399 F.2d 478 (1968)

Bobby McMILLIAN and John William McMillian, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 21, 1968.


Attorney(s) appearing for the Case

Brooks Taylor, Crestview, Fla., S. Gunter Toney, Tallahassee, Fla., for appellants.

Clinton Ashmore, U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.


GODBOLD, Circuit Judge:

Bobby and John William McMillian appeal their convictions for possession of an unregistered distillery, 26 U.S.C.A. §§ 5601(a) (1) and 5179, carrying on the business of a distiller without the required bond, 26 U.S.C.A. §§ 5601(a) (4) and 5173, and making and fermenting mash, 26 U.S.C.A. §§ 5601(a) (7) and 5222. On a prior appeal their convictions were reversed. McMillian...

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