Davis v. United States

Appellant was indicted for possessing distilled spirits upon which no tax had been paid as required by title 2 of the Act of January 11, 1934 (26 USCA § 267 et seq.); and, in the second count, for concealing distilled spirits which had been removed from a distillery without a tax being paid thereon, contrary to 26 USCA § 404.

1. Error is assigned upon the trial court’s denial of a motion for an instructed verdict; it is urged that the identification of appellant was insubstantial. An officer testified, “I feel sure that this is the man who was in the car.” Another witness who saw and talked…