UNITED STATES v. SIMS

No. 28587 Summary Calendar.

434 F.2d 258 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. James SIMS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 11, 1970.


Attorney(s) appearing for the Case

James A. Elkins, Jr., Columbus, Ga. (Court-appointed), for defendant-appellant.

William J. Schloth, U. S. Atty., D. L. Rampey, Jr., Charles B. Pekor, Jr., Asst. U. S. Attys., Macon, Ga., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


PER CURIAM:

Sims and a co-defendant, L. C. Ingram, were jointly tried under an indictment in 6 counts, as to which each count charged one or both men, on April 18, 1969 or May 17, 1969 with violations of Title 26, U.S.C., Sections 5205(a) (2) and 5604 (a) by reason of the sale, possession or transfer of non-tax paid distilled spirits.

The jury convicted Sims jointly with Ingram under Count Two for possession, on April 18, of non-tax paid spirits, and under...

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