Maynard Paul Monnette and Robert Christianson Noreng v. United States

SIMPSON, District Judge.

Monnette and Noreng, Appellants, were tried before a jury, convicted and sentenced upon Counts 1 and 4 of a 5-count indictment 1 charging violation of the Internal Revenue Code with respect to non-tax paid distilled spirits, or “moonshine”. Count 1 charged that they had under their control unregistered distilling apparatus (Sec. 5179(a) and 5601 (a) (1), Title 26 U.S.Code) and Count 4 charged possession of 105 gallons non-tax paid whiskey (Secs. 5205(a) and 5604(a) (1), Title 26 U.S.Code).

Two points are urged for reversal, (1) that the Government’s evidence was…