Odell Clark v. United States

JONES, Circuit Judge.

Odell Clark appeals from a conviction for concealment of untaxed distilled spirits in violation of 26 U.S.C.A. § 5632, and for the transportation of the same commodity contrary to 26 U.S.C.A. §§ 5205(a) (2) and 5604(a). He was jointly indicted with Kyle Bennett Crowley who entered a plea of guilty.

Niles H. Graham, a federal agent, and John H. Bence, an Alabama agent, were secreted in the woods across the street from the residence of the appellant, Odell Clark in Phenix City, Alabama, on the evening of May 12, 1960. About 7:40 o’clock they saw a vehicle drive into Clark’s…