[DOWNLOAD] "Wheeler v. United States" by Fifth Circuit Circuit Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Wheeler v. United States
- Author : Fifth Circuit Circuit Court Of Appeals
- Release Date : January 17, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The appellant was convicted under the first count of an indictment which charged that he and another named person, at a time and place stated, "did unlawfully, wilfully, knowingly and feloniously possess distilled spirits, to-wit: Three gallons whiskey in three one-gallon containers, and the said immediate containers of said distilled spirits then and there did not have affixed thereto stamps denoting the quantity of distilled spirits contained therein and evidencing the payment of all Internal Revenue taxes of the United States, which were then and there imposed upon such distilled spirits, in violation of the provisions of title 2 of the Liquor Taxing Act of 1934." That count was demurred to on grounds which challenged its sufficiency because of its failure "to show that the whiskey in question was not possessed or transported by the defendants for their own personal use." The court overruled that demurrer. Appellant assigned as errors that ruling, and the action of the court in denying a motion, made upon the conclusion of the evidence, for a directed verdict of not guilty on count 1 of the indictment.