Hodges v. United States

PHILLIPS, Circuit Judge.

Upon further consideration, we have reached the conclusion that we misconstrued the judgment in this ease and that the sentences on the first and second counts are to run consecutively and not concurrently. This makes it necessary for us to consider the appeal from the judgment on the first count.

We have stated substantially all of the evidence in our former opinion. While the evidence established that Doyle owned and possessed the whisky and that Hodges was in actual possession of the whisky at the time the officers arrived, it failed to establish any combination,…