Bobby McMillian and John William McMillian v. United States

GODBOLD, Circuit Judge:

Bobby and John William McMillian appeal their convictions for possession of an unregistered distillery, 26 U.S.C.A. §§ 5601(a) (1) and 5179, carrying on the business of a distiller without the required bond, 26 U.S.C.A. §§ 5601(a) (4) and 5173, and making and fermenting mash, 26 U.S.C.A. §§ 5601(a) (7) and 5222. On a prior appeal their convictions were reversed. McMillian v. United States, 363 F.2d 165 (5th Cir. 1966). In this close circumstantial evidence ease we again must reverse.

The MeMillians contend the district court erred in admitting statements they made to…