Jimmie Griffin and Ray Stearns Moore v. United States

HAYNSWORTH, Circuit Judge.

Griffin and Moore were convicted of making mash, of carrying on the business of a distiller without having given the bond required by law and of possession of materials intended for use in violation of the Internal Revenue laws. The indictment is phrased generally in the language of 26 U.S.C.A. §§ 5216(a) (1), 5606 and 5686(b), the indictment containing a separate count charging a violation of each of those sections.

The two men were discovered at the site of an old still where there was water available. At the site there were twenty-five 55-gallon fermenter barrels,…