Moore v. United States

PHILLIPS, Circuit Judge.

Tom A. Moore, Bert Hudlow, Sam Hudlow, and Tom Hudlow were indicted for violations of the Hastings Amendment (25 US CA § 244), and sections 3 and 25, Title 2, of the National Prohibition Act (27. USCA §§ 12, 39). Moore was convicted of counts 2 and 3 and sentenced. He has appealed.

Count 2 charged Moore and his codefendants with the manufacture of intoxicating liquor. Count 3 charged them with possession of property and materials designed and intended for use in the manufacture of intoxicating liquor.

The Government’s evidence disclosed that on the night of February 16,…