Lempie v. United States

DIETRICH, Circuit Judge.

Appellant was adjudged guilty upon an indictment charging violations of the Internal Revenue Laws (26 USCA §§ 306, 307), in that on or about July 1, 1927, he (1) .carried on the business of a distiller of spirits without having given bond, as required by law, and (2) he made and fermented a quantity of mash fit for distillation of spirits, not in a distillery duly .authorized according to law, but at a point “located approximately 150 yards” from premises occupied by him. Seasonably and in an appropriate manner he challenged the sufficiency of the evidence to warrant a…