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UNITED STATES v. BIRDSONG

No. 30195.

446 F.2d 325 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Tyree BIRDSONG, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 16, 1971.

Attorney(s) appearing for the Case

H. L. Meredith, Jr., Greenville, Miss. (Court-appointed), for defendant-appellant.

H. M. Ray, U. S. Atty., William M. Dye, Jr., Asst. U. S. Atty., Oxford, Miss., for plaintiff-appellee.

Before O'SULLIVAN, THORNBERRY, and DYER, Circuit Judges.

THORNBERRY, Circuit Judge:

Tyree Birdsong was indicted on three counts of possessing an unregistered distillery in violation of 26 U.S.C.A. § 5601 (a) (1); carrying on the business of a distillery without having given bond in violation of 26 U.S.C. § 5601(a) (4), and possessing non-tax-paid whiskey in violation of 26 U.S.C. § 5604(a) (1). He was tried before a jury, and acquitted of the first two counts, but convicted of the third, possession of non...

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