Scott v. United States

PHILLIPS, Circuit Judge.

The indictment herein charged that Scott and others on July 31, 1934, in the District of New Mexico “unlawfully, * * * and feloniously had in their possession or custody * * * a still * * * set up and in operation, which * * * was not registered with the Collector of Internal Revenue of the aforesaid District and as required by law.”

It was challenged by demurrer on the ground that it iailed to allege facts constituting a crime against the United States. The demurrer was overruled, and Scott was tried, convicted and sentenced.

26 USCA § 281 (Rev. St. § 3258, 15 St. 126,…