Tri-Angle Club, Inc. And Leo C. Prochello v. United States

GARDNER, Chief Judge.

Appellants were charged in an indictment of five counts with a violation of See. 5643, Title 26 U.S.Code. Count One reads as follows:

“That Tri-Angle Club, Inc., and Leo C. Prochello, on or about September 13, 1956, in Sioux City, Woodbury County, in the Western Division of the Northern District of Iowa, in violation of Section 5643, Title 26, United States Code, did unlawfully re-use one 4/5 quart bottle labeled ‘Old Mr. Boston’, ‘Rocking Chair Blended Whiskey,’ ‘4271 Conway,’ and strip number ‘10013384,’ for the purpose of containing distilled spirits, to-wit, whiskey,…