UNITED STATES v. HARRELL

No. 28126.

436 F.2d 606 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Rufus Eafie HARRELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 22, 1970.


Attorney(s) appearing for the Case

Euel A. Screws, Jr., Montgomery, Ala., for defendant-appellant; James Prestwood, Andalusia, Ala., and Hobbs, Copeland, Franco Riggs & Screws, Montgomery, Ala., of counsel.

Ira DeMent, U. S. Atty., D. Broward Segrest, Wm. H. Thomas, Asst. U. S. Attys., Montgomery, Ala., for plaintiff-appellee.

Before SIMPSON, MORGAN and INGRAHAM, Circuit Judges.


SIMPSON, Circuit Judge:

Appellant, Rufus Eafie Harrell, and a co-defendant Durwood Norris were indicted together on five counts alleging violation of the Internal Revenue Laws pertaining to non-tax paid distilled spirits. Prior to Harrell's trial, Durwood Norris pled guilty to all counts except Count Five which was dismissed. That count charged Norris alone with possession of an unregistered distillery on September 21, 1968. Harrell went to trial on his plea of not...

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