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UNITED STATES v. PENNEY

No. 18584.

416 F.2d 850 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Sherill E. PENNEY and George G. Hendricks, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

October 14, 1969.

Attorney(s) appearing for the Case

H. H. Gearinger (Court Appointed), Chattanooga, Tenn., Gearinger & Vineyard, Chattanooga, Tenn., on brief, for appellants.

Alfred N. King, Department of Justice, Criminal Division, Washington, D. C., John H. Reddy, U. S. Atty., Chattanooga, Tenn., William D. Hyatt, Attorney, Criminal Division, Department of Justice, Washington, D. C., on brief, for appellee.

Before PHILLIPS and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

On March 22, 1967, James E. Turner, Gordon G. White, Sherill E. Penney, and George G. Hendricks were indicted for conspiring to carry on the manufacture, transportation, sale at retail, and sale at wholesale of illicit, nontax-paid moonshine whiskey, as well as protecting the participants of the conspiracy from the police and from all law enforcement activity. In addition to the four persons above named who were indicted, thirty-seven...

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