United States v. Charles Wayne Brown and James Louis Brown

ALBERT V. BRYAN, Circuit Judge.

“Possession of distilled spirits”, as denounced in 26 U.S.C. 5205(a) (2), 1 was not defined in the charge of the District Court to the jury, Charles Wayne Brown and James Louis Brown now assert in this appeal from their conviction for violating the statute. This assignment of error we find factually accurate, but we do not think it is ground for reversal under the circumstances.

About 9 o’clock on the night of October 12, 1962 Deputy Sheriff Perkins of Ire-dell County, North Carolina and Investigator Marshall of the Federal Alcohol and Tobacco Tax Division found…