Byron F. Garrett, E. J. Hardy, and Clarence Foster v. United States

Each of the three appellants was indicted and found guilty on four counts: (1) having possession and custody of an unregistered still; (2) carrying on the business of a distiller without giving the required bond; (3) illegally making and fermenting mash for distillation; and (4) having possession of distilled spirits in a container to which no tax stamp was attached. 26 U.S.C. §§ 5601 (a)(1), (4), (7), 5604(a)(1).

The major contention of appellants is that there is not sufficient evidence to sustain their convictions. Appellants’ trial counsel, however, did not move for a judgment of acquittal…