United States v. Tyson King

MEDINA, Circuit Judge:

Tyson King appeals from a conviction by Judge Rayfiel, sitting without a jury, of aiding and abetting the “carrying on” of the business of a distiller without giving bond, in violation of 26 U.S.C. Section 5601(a) (4), finding it not necessary to apply the presumption of “carrying on” the illicit business from appellant’s presence at the still site as provided in the statute. Appellant challenges the sufficiency of the, evidence in the absence of the application of the presumption and also contends that the verdict was fatally inconsistent as appellant was acquitted on…