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[Download] "Yawn v. United States" by United States Court Of Appeals Fifth Circuit. * Book PDF Kindle ePub Free

Yawn v. United States

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eBook details

  • Title: Yawn v. United States
  • Author : United States Court Of Appeals Fifth Circuit.
  • Release Date : January 17, 1957
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

Appellant, convicted below of conspiracy to violate the Internal Revenue Code by unlawfully possessing and controlling distilling apparatus and distilled spirits, and engaging in the business of a distiller without paying taxes thereon, is here insisting that a reversal is required principally because one of ten overt acts allegedly committed in furtherance of the conspiracy had been judicially determined against the Government and in favor of appellant in a former trial. Overt act November 9 of the one-count indictment was an allegation of joint possession by appellant and two alleged coconspirators December 3, 1953, of an unregistered distillery located in a dwelling house on Chapmans Road in Duval County, Florida. The week preceding the instant conspiracy trial, appellant had been acquitted by a jury of the substantive charge of possession, 26 U.S.C.A. § 2810 (since recodified), of the identical still at the identical time and place.


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