United States v. Marino

CLARK, Circuit Judge.

When agents of the Alcohol Tax Unit on December 26, 1942, observed defendant Marino taking a carton from the back seat of an automobile in which both defendants had been riding, they proceeded to investigate and found that in the carton was an unstamped can containing about 3% gallons of ethyl alcohol, 89.37% by volume, fit for beverage purposes, i.e., pure bootleg alcohol. In view of the basic proof thus presented of possession and transportation of desirable beverage alcohol unstamped, it is not surprising that the jury found defendants guilty of violation of 26 U.S.…