BENN v. UNITED STATES

No. 4914.

21 F.2d 962 (1927)

BENN v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 17, 1927.


Attorney(s) appearing for the Case

Julia Waldrip Kerr and Harry L. Parr, both of Olympia, Wash., for plaintiff in error.

Thos. P. Revelle, U. S. Atty., of Seattle, Wash., and Bertil E. Johnson, Asst. U. S. Atty., of Tacoma, Wash. (Carroll A. Gordon, Asst. U. S. Atty., of Tacoma, Wash., on the brief), for the United States.

Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.


RUDKIN, Circuit Judge.

The sufficiency of the testimony to support a conviction for carrying on the business of distiller without having given the bond required by law, and for making and fermenting mash fit for the distillation of spirits on premises other than a distillery duly authorized according to law, is the principal question presented by the record before us. The testimony on the part of the government was entirely circumstantial, is very brief, and viewed...

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