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UNITED STATES v. MURPHY

No. 72-1185.

471 F.2d 676 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Archie Owen MURPHY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

November 7, 1972.

Attorney(s) appearing for the Case

William P. Biddle, III, Athens, Tenn., for defendant-appellant; Higgins & Biddle, Athens, Tenn., on brief.

Carl P. McDonald, Knoxville, Tenn., for plaintiff-appellee; John L. Bowers, Jr., U. S. Atty., W. Lloyd Stanley, Jr., Asst. U. S. Atty., Chattanooga, Tenn., on brief.

Before PHILLIPS, Chief Judge, KENT, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

O'SULLIVAN, Senior Circuit Judge.

This is the appeal of Archie Owen Murphy from his conviction for transporting and possessing non-taxed distilled spirits. Murphy was a deputy sheriff of McMinn County, Tennessee. Joined in the indictment with appellant were the sheriff of the county and his chief deputy. Count I of the indictment charged a conspiracy, 18 U.S.C. § 371, between the above named county officers and five others, private entrepreneurs, to:

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