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POWELL v. UNITED STATES

No. 4630.

206 F.2d 330 (1953)

POWELL v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

July 31, 1953.

Attorney(s) appearing for the Case

Ellis M. Brown and Lonnie W. Brown, McAlester, Okl., for appellant.

Roger K. Allen, Asst. U. S. Atty., E. D. Oklahoma, Stilwell, Okl. (Edwin Langley, U. S. Atty., E. D. Oklahoma, Muskogee, Okl., was with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

Powell was tried under an indictment which charged that he carried on the business of a retail liquor dealer without having paid the special tax required by law, in violation of 26 U.S.C.A. § 3253. The jury returned a verdict of guilty. Powell was sentenced to pay a fine of $500 and to be imprisoned for the period of one year and one day.

Hall, an investigator for the Alcohol and Tobacco Tax Division of the Department of Internal...

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