Wolstein v. United States

FARIS, Circuit Judge.

Appellant, convicted on two counts of an indictment which charged him with violations of section 404,. title 26 U.S.C., (now section 1287, title 26 U.S.C.A., formerly section 3296 R.S.,) appealed in conventional form. His punishment on each count was fixed at a fine and' imprisonment, but the punishment on the second count ran concurrently with that on the first count.

Specifically, the charge in the first count was, that appellant and one Motzko “unlawfully, knowingly and feloniously did remove and aid and abet in the removal of distilled spirits on which the tax imposed…