L. B. McFarland v. United States

WISDOM, Circuit Judge.

L. B. McFarland, appellant, with Andrew Tucker and Leila Mae Davis, was charged with: (1) possession of an unregistered distillery, in violation of 26 U.S.C.A. § 5174; (2) carrying on the business of a distiller, in violation of 26 U.S.C.A. § 5606; and (3) making and fermenting 4000 gallons of mash, in violation of 26 U.S.C.A. § 5216. The jury found the appellant McFarland guilty only on the count of illegal possession. On this appeal McFarland complains of the trial court’s failure to grant his motion for acquittal.

In determining if the evidence was sufficient to allow…