Legal Opinion

Johnson v. United States

Court of Appeals for the Sixth Circuit

Decided June 6, 1922No. 3658PublishedCited by 1 opinion

In Error to the District Court for the Western District of Tennessee; J. W. Ross, Judge. Criminal prosecution by the United States against Lloyd Johnson and Clabern Stephens. Judgment of conviction, and defendants bring error.

1Opinion of the Court

DENISON, Circuit Judge.

The plaintiffs in error were indicted and' convicted for possessing a still and operating it in the manufacture of whisky, all in violation of the National Prohibition Act (41 Stat. 305). Two grounds are urged for reversal:

■_ The first is that incompetent testimony was received. The prohibition officers were in hiding near the still in the early morning when the defendants appeared. The controversy of fact was whether the *537defendants had been operating the still previously, and came there that morning to resume operations, or whether they were ignorant of its existence…

2Cases cited3 opinions

  1. Biandi v. United StatesCourt of Appeals for the Sixth Circuit · 1919
  2. Robilio v. United StatesCourt of Appeals for the Sixth Circuit · 1919
  3. Kiersky v. United StatesCourt of Appeals for the Sixth Circuit · 1920

3Cited by1 opinion

  1. Tuckerman v. United StatesCourt of Appeals for the Sixth Circuit · 1923

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