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ATWELL v. UNITED STATES

No. 26063.

414 F.2d 136 (1969)

James D. ATWELL and Melvin Edmon Surrett, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 6, 1969.

Attorney(s) appearing for the Case

Thomas M. Haas, Mobile, Ala., for appellants.

Vernol R. Jansen, Jr., U. S. Atty., Don Conway, D. Broward Segrest, Asst. U. S. Attys., Mobile, Ala., for appellee.

Before THORNBERRY and AINSWORTH, Circuit Judges, and DAWKINS, District Judge.

THORNBERRY, Circuit Judge:

This is an appeal from a conviction by jury under the second count of a two-count indictment.1 The count charged a violation of 26 U.S.C. § 5179(a), unlawful possession of an unregistered distilling apparatus. We affirm as to appellant Surrett, but reverse as to appellant Atwell.

I.

The record shows that the still in question was located approximately...

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