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WHATLEY v. UNITED STATES

No. 26084.

428 F.2d 806 (1970)

Edgar Lee WHATLEY, Edward Reed Whatley and Frank Durell Moody, Defendants-Appellants, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 1970.

Attorney(s) appearing for the Case

Tom Radney, Alexander City, Ala., Patterson & Rinehart, Montgomery, Ala., for appellants.

Ira De Ment, U. S. Atty., William H. Tomas, Asst. U. S. Atty., Montgomery, Ala., for appellee.

Before TUTTLE, DYER and CLARK, Circuit Judges.

PER CURIAM:

This is actually an appeal from convictions of three persons for violation of several different moonshine statutes. Moody was convicted of transporting untaxed whiskey. The Whatleys were convicted of being in possession of untaxed whiskey, but they were acquitted on the count charging that they were in possession of an unregistered still.

All parties attack the conviction on the basis of the cases of Marchetti v. United States, 390...

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