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UNITED STATES v. THURMAN

No. 20728.

440 F.2d 1323 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Lee Roy THURMAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

April 19, 1971.

Attorney(s) appearing for the Case

Thomas O. Helton, Chattanooga, Tenn., for defendant-appellant.

George H. Garrett, Asst. U. S. Atty., Chattanooga, Tenn., for plaintiff-appellee.

John L. Bowers, Jr., U. S. Atty., Chattanooga, Tenn., on brief.

Before PHILLIPS, Chief Judge, and BROOKS and KENT, Circuit Judges.

KENT, Circuit Judge.

By a verdict of a jury appellant was found guilty of violation of the Internal Revenue Laws relating to intoxicating beverages. The First Count of the Indictment charged transportation of distilled spirits without tax stamps in violation of Title 26 U.S. C.A. §§ 5205(a) (2) and 5604(a) (1). The Second Count charged illegal possession of 49 gallons of non-tax paid whiskey in violation of Title 26 U.S.C.A. § 5685(a).

The arrest...

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