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SURRETT v. UNITED STATES

No. 26675.

421 F.2d 403 (1970)

Melvin Edmond SURRETT and Billy Charles Walden, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 26, 1970.

Attorney(s) appearing for the Case

Thomas M. Haas, Mobile, Ala., for appellants.

Don Conway, Asst. U. S. Atty., Mobile Ala., Irwin W. Coleman, Jr., Asst. U. S. Atty., Vernol R. Jansen, Jr., U. S. Atty., for appellee.

Before WISDOM, SIMPSON, and CLARK, Circuit Judges.

WISDOM, Circuit Judge:

Melvin Surrett and Billy Walden were charged in a four count indictment with (1) illegally possessing untaxed distilled spirits in violation of 26 U.S.C. § 5205(a) (2); (2) removing and concealing untaxed spirits, in violation of 26 U.S.C. § 7206(4); (3) making and fermenting mash on premises other than an authorized distillery, in violation of 26 U.S.C. § 5222(a); and (4) possessing an unregistered distillery, in violation of...

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