Carney v. United States

SIMONS, Circuit Judge.

Convicted and sentenced for possessing distilled spirits without the immediate containers thereof having affixed thereto stamps evidencing payment of internal rev enue taxes, in violation of title 2, section 201 of the Liquor Taxing Act of 1934 (26 USCA § 1152a), the appellant complains of the legal sufficiency of the search warrant under which the liquors were seized, the admission of testimony as to counterfeited revenue stamps, and the failure of the court to instruct the jury that before they could convict they must believe that the appellant knew or had opportunity…