United States v. Craft
U.S. Circuit Court for the District of Kentucky
At Law. Motion in arrest of judgment. George W. Jolly, U. S. Atty., cited Rev. St. U. S. § 3213, and U. S. v. Moore, 11 Fed. Rep. 249; U. S. v. Mann, 1 Gall. 177; U. S. v. Bougher, 6 McLean, 277, 24 Myer, Fed. Dec. 383; 3 Bac. Abr. 550; U. S. v. Foster, 2 Biss. 455; aud U. S. v. Ebner, 4 Biss. 119.
1Opinion of the CourtBarr, J.
The defendant has been indicted under section 3265 of the Revised Statutes, for setting up a copper still, to be used for the purpose of distilling, without first obtaining from the collector of internal revenue for the district a permit to do so. He has been found guilty, and now moves for an arrest of judgment, because, as ho claims, an indictment will not lie, but the sum precribed by the section should have been sued for in a civil action. Section 3265 provides that any person who shall set up any such still, without first obtaining a permit from the collector of the district, shall pay…
2Cases cited1 opinion
- United States v. BougherU.S. Circuit Court for the District of Ohio · 1854