Aderhold v. Hugart

SIBLEY, Circuit Judge.

John Hugart was discharged on habeas corpus from a sentence based on the second count of an indictment which charged that he “did unlawfully conceal and aid and abet in the concealment of certain distilled spirits, to-wit, 249 pints, which had theretofore been removed from a certain distillery to the Grand Jurors unknown to a place other than the distillery warehouse provided by law, to-wit, etc.,” and that at the time he “well knew the same to have been removed as aforesaid.” This count failed to allege that the tax on the distilled spirits had not been paid, although…