Legal Opinion
Mack Daniel and Ab Daniel v. United States
Court of Appeals for the Fifth Circuit
Decided June 30, 1959No. 17578_1PublishedCited by 39 opinions
1Opinion of the Court
J. SKELLY WRIGHT, District Judge.
Appellants, Mack and Ab Daniel, were convicted in one count of an indictment with possession of non-tax-paid whiskey. In another count, Mack Daniel was convicted with selling non-tax-paid whiskey. Pending this appeal Ab Daniel died. Since a criminal prosecution abates ab initio upon the death of an appellant, 1 only Mack Daniel’s appeal will be considered.
The evidence shows that on January 24,1958 Abernathy, a federal Alcohol'and Tobacco Tax Unit agent, accompanied by the informant, Gordy, purchased twelve gallons of moonshine whiskey from Mack Daniel for…
2Cases cited44 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Weeks v. United StatesSupreme Court of the United States · 1914
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Holt v. United StatesSupreme Court of the United States · 1910
- Breithaupt v. AbramSupreme Court of the United States · 1957
39 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- United States v. Francisco Adriano Armedo-Sarmiento, AKA Eduardo Sanchez, AKA Pacho El Mono, AKA Elkin, AKA Francisco VelezCourt of Appeals for the Second Circuit · 1977
- United States v. James E. McCrackenCourt of Appeals for the Fifth Circuit · 1974
- United States v. Robert Hamm, United States of America v. Willis Judge Butler, Les Wallick Fuller, Dayton Bud Evans, Jr. And Larry Dale WashingtonCourt of Appeals for the Fifth Circuit · 1981
- United States v. Rick PaulineCourt of Appeals for the Fifth Circuit · 1980
- Dorothy Crooker v. United StatesCourt of Appeals for the Eighth Circuit · 1963
34 more not listed; retrieve them via the Exa API.