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UNITED STATES v. PHILLIPS

No. 28592 Summary Calendar.

427 F.2d 1075 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Clarence V. PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 15, 1970.

Attorney(s) appearing for the Case

Frank S. Twitty, Camilla, Ga., for appellant.

Walker P. Johnson, Jr., U. S. Atty., Macon, Ga., for appellee.

Before JOHN R. BROWN, Chief Judge, MORGAN and INGRAHAM, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In this moonshine case Defendant was found guilty of possessing and controlling "a still and distilling apparatus for the production of spirituous liquors set up without having the same registered as required by law" in violation of 26 U.S.C.A. §§ 5179(a) and 5601(a).1 His sentence was suspended, and he was placed on probation for two years without supervision. The only issue on this appeal is whether...

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