United States v. James L. Skinner

Appellant was convicted of violating 26 U.S.C. § 5686(b) 1 in that he possessed ten tons of sugar intended for use in the illegal manufacture of alcohol. 2 3 The case was heard in the District Court for the Eastern District of New York before Judge Byers, sitting without a jury.

Upon appeal appellant’s first contention relates to the form of the information. As originally filed on May 29, 1957, it merely charged a violation of 26 U.S.C. § 5686(b). Since section 5686(b) declares it to be a crime to possess property intended for use in violation of any section of Chapter 51 of Title 26 of the U.…