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HAMILTON v. UNITED STATES

Nos. 25467, 25468.

409 F.2d 928 (1969)

Acie HAMILTON, Appellant, v. UNITED STATES of America, Appellee. Lucille Tate WAKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 1, 1969.

Attorney(s) appearing for the Case

John S. Tucker, Jr., Birmingham, Ala., for appellants.

R. Macey Taylor, J. Richmond Pearson, Asst. U. S. Attys., Macon L. Weaver, U. S. Atty., Birmingham, Ala., for appellee.

Before JOHN R. BROWN, Chief Judge, THORNBERRY, Circuit Judge, and TAYLOR, District Judge.

THORNBERRY, Circuit Judge:

Appellants Lucille Waker and Acie Hamilton, both residents of Etowah County, Alabama, were convicted by a jury of violating 26 U.S.C. § 5205(a) (2). More specifically, they were each convicted of selling eight one-gallon jugs of moonshine whiskey. The Government's only witness was an agent for the Treasury Department named McGinnis. He testified that on March 29, 1967 he went to the home of Lucille Waker concealed in the trunk of an...

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