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UNITED STATES v. HERNDON

No. 75-4377 Summary Calendar.

536 F.2d 1027 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby J. HERNDON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 3, 1976.

Attorney(s) appearing for the Case

Max P. Engel, Miami, Fla., for defendant-appellant.

Robert W. Rust, U.S. Atty., William R. Northcutt, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, CLARK and TJOFLAT, Circuit Judges.

PER CURIAM:

Bobby Joe Herndon appeals from his conviction for conspiracy and substantive offenses related to the production of illegal "moonshine" liquor.1 The jury found Herndon and a co-defendant, Donald Jones, not guilty of transportation, sale, and possession of non-taxpaid liquor.2 We find that none of the five points of error asserted by Herndon warrant reversal.

Before trial, appellant moved...

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