EATON v. UNITED STATES

No. 25256.

408 F.2d 525 (1969)

Hugh Donald EATON, James Hoyle Eaton, and Cullen Alfred Baggett, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 4, 1969.


Attorney(s) appearing for the Case

Murray L. Williams, Water Valley, Miss., Thomas Comer, Booneville, Miss., for appellants.

H. M. Ray, U. S. Atty., William R. Dye, Jr., Asst. U. S. Atty., Oxford, Miss., for appellee.

Before GOLDBERG and AINSWORTH, Circuit Judges, and SPEARS, District Judge.


SPEARS, District Judge:

Appellants were charged in a six-count indictment with violations of the internal revenue laws relating to distilled spirits. A jury trial resulted in a verdict of guilty on the first five counts. The sixth count was dismissed by the government.

The first count charged the three appellants (and one Eulice Grant Wills, who died after indictment but before trial) with a conspiracy in violation of Title 18 U.S.C. § 371, that is, possessing...

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