UNITED STATES v. SWANN

No. 26973.

413 F.2d 271 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Howard Clayton SWANN, Jr., and Thomas Franklin Swann, Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

June 25, 1969.


Attorney(s) appearing for the Case

J. Clinton Sumner, Jr., Rome, Ga., for appellants.

Charles L. Goodson, U. S. Atty., F. D. Hand, Charles B. Lewis, Jr., Asst. U. S. Attys., Atlanta, Ga., Allen L. Chancey, Jr., Acting U. S. Atty., Atlanta, Ga., for appellee.

Before TUTTLE and GEWIN, Circuit Judges, and COMISKEY, District Judge.


PER CURIAM:

The appellants were found guilty by a jury in the United States District Court for the Northern District of Georgia on a single-count indictment charging that they did knowingly and unlawfully possess a quantity of distilled spirits in containers not having tax stamps affixed thereto in violation of 26 U.S.C. §§ 5604(a) (1) and 5205(a) (2). Both appellants contend that the testimony and evidence concerning...

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