Icenhour v. United States, 184 F.2d 574 (5th Cir. 1951). · Go Syfert
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Icenhour v. United States, 184 F.2d 574 (5th Cir. 1951). Cases Citing This Book View Copy Cite
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Icenhour
v.
United States
13051.
Court of Appeals for the Fifth Circuit.
Jan 2, 1951.
Published opinion
184 F.2d 574
W. D. Lanier, Augusta, Ga., for appellant., J. Saxton Daniel, U. S. Atty., Savannah, Ga., Wm. T. Morton, Asst. U. S. Atty., Augusta, Ga., for appellee.
Hutcheson, Holmes, Russell.
Cited by 1 opinion  |  Published
PER CURIAM.

Appealing from a verdict and judgment finding him guilty of (1) unlawfully possessing a still; (2) carrying on the business of a distiller without giving bond; (3) carrying on that business with intent to defraud the United States of a tax; and (4) possessing distilled spirits in containers not having tax paid stamps affixed; defendant is here insisting that the verdict is wholly unsupported by evidence.

The United States, calling our attention to the fact that the defendant failed to move for an instructed verdict, insists that this is not a case where justice requires a reversal notwithstanding such failure.

We agree. Moore v. United States, 5 Cir., 161 F.2d. 932. The judgment is

Affirmed.