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UNITED STATES v. BROOKINS

No. 30847.

445 F.2d 607 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Edward BROOKINS and Jessie L. Oliver, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 6, 1971.

Attorney(s) appearing for the Case

S. Gunter Toney, Tallahassee, Fla., Toney & Guarisco, Tallahassee, Fla., for defendants-appellants.

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

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

Appellants were convicted by a jury under an indictment in several counts charging nontax-paid liquor offenses arising from a sale by Oliver to an informer, Lena Spencer, on November 13, 1969 (in which transaction Brookins participated) and from a sale by Brookins to Lena Spencer on December 11, 1969. We reverse.

Prior to trial, on three different occasions, appellant Brookins was officially supplied with what purported to be a

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