Fritts v. United States

McDERMOTT, Circuit Judge.

Appellant and Fred Ferguson were indicted for (1) possessing an unregistered still, (2) carrying on the business of a distiller without bond, (3) working at a still not carrying the sign of “Registered Distillery,” (4) fermenting mash on premises other than an authorized distillery, and (5) possessing liquor upon which no tax was paid. Ferguson pled guilty. Fritts stood trial and was convicted.

1. The trial court denied a motion for an instructed verdict and this ruling is the principal error assigned. We have read the testimony and conclude that the circumstances…