United States v. John L. Brown, United States of America v. Cleveland Johns

This case is of the genus, perennially with us, which questions the sufficiency of the evidence for the jury to convict the defendants of possessing sugar, bran, and yeast intended for use in the non-tax distilled spirits business in violation of 26 U.S.C.A. § 5686(a). 1 A jury found the defendants guilty and we affirm. 2

Cleveland Johns, one of the appellants here, arranged with a grocer in Mar-shallville, Georgia, to purchase unusual amounts of sugar, wheat bran, and yeast. The arrangement between Johns and the grocer contemplated that the goods would be delivered to the grocer’s home, not…