Edenfield v. United States

FOSTER, Circuit Judge.

Appellant, Wallace Edenfield, was convicted on an indictment charging him with unlawfully possessing seventy gallons of tax unpaid whiskey and was sentenced to serve two years in a penitentiary. The only error urged is that the evidence was not sufficient to sustain the conviction. No motion for a directed verdict of acquittal was made.

The entire evidence before the jury is in the record, which is certified to by the judge. Two revenue agents testified and their testimony is practically identical. Their evidence, in substance, was as follows : On July 14, 1938, about…