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UNITED STATES v. BAKER

No. 13744.

424 F.2d 968 (1970)

UNITED STATES of America, Appellee, v. Rudolph D. BAKER and Otis Baker, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 23, 1970.

Attorney(s) appearing for the Case

Irvin B. Tucker, Jr., Raleigh, N. C. (court appointed attorney), for appellants.

William H. Murdock, U. S. Atty. (William L. Osteen, U. S. Atty., and Richard M. Dailey, Jr., Asst. U. S. Atty., on brief), for appellee.

Before BOREMAN and BRYAN, Circuit Judges, and WIDENER, District Judge.

WIDENER, District Judge:

This appeal is from the conviction of Rudolph B. Baker and Otis Baker in the district court on indictment charging them with conspiracy to violate the Internal Revenue Code relating to distilled spirits. The indictment charged that the conspiracy and five overt acts occurred in July and August 1967.

Appellants raise a single issue on this appeal. They contend that their constitutional rights under the due process clause of the 5th...

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