Ellsworth Willie Wyatt v. United States of America, Chester Chandler v. United States

HILL, Circuit Judge.

Appellants, Wyatt and Chandler, were tried upon a seven count indictment charging six substantive violations of the internal revenue laws pertaining to non-tax-paid liquor (26 U.S.C. § 5601(a) (12), § 5604(a) (1), § 5205(a) (2) and § 5686(a)) and one count under 18 U.S.C. § 371, charging a conspiracy to violate some of the above mentioned statutes. A jury found Wyatt guilty on four of the substantive counts and Chandler guilty on two of the substantive counts and both were found not guilty on the remaining counts.

At the outset, both appellants point error to the trial…