United States v. Joseph Eugene Baxter

EDWARDS, Circuit Judge.

Defendant was convicted by District Judge Mac Swinford, sitting without a jury, of violating 26 U.S.C. §§ 5222(a) (1) and 5686(a). The first statute prohibits the production or transportation of mash fit for distillation of distilled spirits without appropriate Treasury authorization. The second statute prohibits possession of property which had been used or was intended to be used for producing such illegal spirits. On each count defendant was sentenced to one year, with the terms to be served concurrently.

This appeal presents only one material question: Should a…