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UNITED STATES v. CAGLE

No. 71-1849 Summary Calendar.

448 F.2d 644 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Isia CAGLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 29, 1971.

Attorney(s) appearing for the Case

Jack Gunter, Cornelia, Ga., for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Robert L. Smith, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Appellant was convicted by a jury of possessing property intended for use in violation of 26 U.S.C. § 5686(a) (1967), towit: One 480-gallon metal tank still, ten feet more or less of rubber hose, sixty-four more or less one-gallon plastic containers, and four more or less cases of yeast. The jury determined that this paraphernalia was intended for use in making illegal whiskey.

Cagle asserts on appeal that (1) the guilty verdict was not supported...

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