Benn v. United States

RUDKIN, Circuit Judge.

The sufficiency of the testimony to support a conviction for carrying on the business of distiller without having given the bond required by law, and for making and fermenting mash fit for the distillation of spirits on premises other than a distillery duly authorized according to law, is the principal question presented by the record before us. The testimony on the part of the government was entirely circumstantial, is very brief, and viewed in its most favorable aspect tends to establish the following facts only. On the 23d day of October, 1925, federal agents visited…