United States v. Kolodny

SWAN, Circuit Judge.

The appellant is a licensed pharmacist who maintained a drugstore in Brooklyn. *211He was convicted upon an indictment in two counts, one charging unlawful possession, the other unlawful sale, of distilled spirits in immediate containers on which were affixed no stamps “denoting the quantity of distilled spirits contained therein and evidencing payment of all internal revenue taxes imposed on such spirits”, contrary to 26 U.S.C.A. Int.Rev.Code, § 2803 (a). On each count he was sentenced to a term of ten months, the sentences to run concurrently.

Each count of the indictment…