United States v. Warren G. Johnson

SETH, Circuit Judge.

This is a direct appeal from a conviction of selling and conspiracy to possess and sell non-taxpaid distilled spirits.

Appellant was charged in three counts. In Count One he was charged with selling distilled spirits on August 22, 1970. Count Four charged possession of distilled spirits on October 25, 1970, and Count Eight charged conspiracy to possess and sell non-taxpaid distilled spirits from August 22, 1970, to October 25, 1970. Appellant was acquitted on Count Four.

On October 23, 1970, an affidavit for a warrant to search appellant’s residence was filed with the United…