UNITED STATES v. CAMPBELL

No. 75-1784.

542 F.2d 548 (1976)

UNITED STATES of America, Appellant, v. William D. CAMPBELL, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 30, 1976.

Rehearing Denied December 23, 1976.


Attorney(s) appearing for the Case

E. Edward Johnson, U.S. Atty., Topeka, Kan., and Richard D. Simpson, Asst. U.S. Atty., Kansas City, Kan., for appellant.

No brief was submitted on behalf of appellee.

Before PICKETT, McWILLIAMS and DOYLE, Circuit Judges.


PICKETT, Circuit Judge.

Appellee Campbell was charged in a two-count Information with possession of liquor (beer) intended for or which had been used contrary to the provisions of 26 U.S.C. § 5691, all in violation of 26 U.S.C. § 5686(a). The district court sustained a motion to dismiss the Information on the ground that under the circumstances Campbell could not be prosecuted for a violation of Section 5686(a).

At a hearing on the motion, it was...

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