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HYSLER v. UNITED STATES

No. 8118.

86 F.2d 918 (1936)

HYSLER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1937.

Attorney(s) appearing for the Case

Wm. Joe Sears, Jr., and A. Dana Brown, both of Jacksonville, Fla., for appellant.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., for the United States.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

FOSTER, Circuit Judge.

Appellant was convicted on two counts of an indictment. The first count charged the unlawful possession of 37 gallons of whisky, contained in one 20-gallon keg, one 10-gallon keg and two 5-gallon bottles, upon which the tax had not been paid and to which containers stamps had not been affixed as required by law, in violation of the Liquor Taxing Act of 1934 (Title 26 U.S.C.A. §§ 1152a to 1152g). The second count charged the unlawful...

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