Martin v. United States

LEE, Circuit Judge.

The appellants, Jerry Martin and Jack Johnson, were each sentenced to serve three years in the federal penitentiary after conviction upon an indictment charging them with the possession, on March 9, 1945, of 45 gallons of distilled liquors in 5-gallon containers without having affixed thereto internal revenue stamps, in violation of 26 U.S.C.A. Int.Rev.Code, § 2803 (a). On the date of, but prior to, the trial appellant Jerry Martin filed a motion for severance, and appellant Jack Johnson filed a motion to suppress the evidence. The court denied the motion for severance and…