UNITED STATES v. McKINNON

No. 28196.

426 F.2d 845 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Clarence McKINNON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 5, 1970.


Attorney(s) appearing for the Case

W. Paul Thompson, DeFuniak Springs, Fla., for defendant-appellant.

William Stafford, U. S. Atty., Stewart J. Carrouth, Clinton Ashmore, Asst. U. S. Attys., Tallahassee, Fla., for plaintiff-appellee.

Before PHILLIPS, BELL and SIMPSON, Circuit Judges.


ORIE L. PHILLIPS, Circuit Judge.

McKinnon was charged by an indictment with possessing and transporting distilled spirits, the immediate containers of which did not have affixed thereto tax stamps, as required by § 5205(a) (2) of the Internal Revenue Code (26 U.S.C.A. § 5205(a) (2)).

From a judgment and sentence on a jury verdict of guilty, McKinnon has appealed.

At the close of the Government's case and after it had rested, McKinnon rested...

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