United States v. Edward Brookins

ON PETITION FOR REHEARING

Before RIVES, COLEMAN and MORGAN, Circuit Judges. RIVES, Circuit Judge:

Our mistake on original hearing 1 was in treating the offense for which the appellant Brookins was arrested as possessing an unregistered still proscribed by subsection (a) (1) of Title 26, section 5601, U.S.C.,2 rather than that of carrying on the business of a distiller proscribed by subsection (a) (4) of the same section 5601.3 The two crimes appear closely related, but there is a critical difference. As to carry on the business of a distiller, the Supreme Court sustained the constitutionality…