Kempf v. United States

BINGHAM, Circuit Judge.

The defendant, appellant, was indicted and tried on three counts. In the first it was charged that, on the 9th day of August, 1927, he “did carry on the business of a distiller without having given bond as required by law,” in violation of the provisions of section 3281 of the Revised Statutes (26 USCA § 306); in the second that, on the same date, “not being an authorized distiller,” he “by distillation did separate certain alcoholic spirits [naming them] from fermented mash,” in violation of the provisions of section 3282 of the Revised Statutes (26 USCA § 307). In the…