Benton v. United States

NORTHCOTT, Circuit Judge.

This is an appeal brought to review a judgment of the District Court of the United States for the Middle District of North Carolina. The plaintiff in error, W. G. Benton, was convicted of violating section 3296, R. S. U. S. (26 USCA § 404). The indictment contained two counts, the first charging the defendant with removing distilled spirits upon which the tax imposed by law had not been paid from a distillery to a place other than a distillery warehouse, provided by law, and the second count charged the concealing of said spirits.

Both counts charged the defendant…