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UNITED STATES v. BURKE

No. 73-3581. Summary Calendar.

496 F.2d 373 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Lafayette BURKE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 1974.

Attorney(s) appearing for the Case

R. Thomas Jarrard, Gainesville, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

WISDOM, Circuit Judge:

Billy Lafayette Burke appeals from his conviction for unlawfully carrying on the business of a distiller without giving bond, a violation of Title 26, United States Code, Sections 5601(a)(4) and 5173(a). He (1) challenges the sufficiency of the evidence to support the verdict, (2) alleges that an in-court identification of him as the lessee of the house where an illegal still was located was inadmissible because it was the product of an improper...

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