Hays v. United States

McCORD, Circuit Judge.

Cecil E. Hays and Herbert L. Huckaby were each convicted on four counts of an indictment which charged that on December 18, 1940, they were engaged in illegal liquor distilling operations in violation of R.S. 3258, 3281, 3279, 26 U.S.C.A. Int. Rev.Code, §§ 2810, 2833, 2831. Hays was sentenced to serve two years in the penitentiary and pay a fine of $300;' and Huckaby was sentenced to serve a year and a day in the reformatory and pay a fine of $300.

The appellants, relying upon Bender v. United States, 3 Cir., 93 F.2d 814, contend that the trial court erred in refusing to…