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CLINGAN v. UNITED STATES

No. 24217.

400 F.2d 849 (1968)

Tommy Herschel CLINGAN and William Monroe Clingan, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 11, 1968.

Attorney(s) appearing for the Case

John D. Sibley, Okolona, Miss., Orma R. Smith, Jr., Corinth, Miss., for appellants.

H. M. Ray, U. S. Atty., Oxford, Miss., for appellee.

Before JONES and GODBOLD, Circuit Judges, and SCOTT, District Judge.

SCOTT, District Judge.

Appellants were tried before a jury for possessing, transporting and transferring non-taxed liquor and for carrying on a retail liquor business without paying the special tax. The indictment was founded upon the following statutes: 26 U.S.C. §§ 5604(a) (1), 5691(a) and 18 U.S.C. § 2.

Appellant, Tommy Herschel Clingan, was charged with two counts of possessing, transporting and transferring and with one count of carrying...

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