Thomas v. United States

The three appellants and one other were tried upon an indictment in four counts. At the close of the government’s evidence, which was circumstantial, the defendants offering no evidence, the case was submitted to, and defendants were convicted by the jury on, count one charging a violation of 2810(a) I.R.C., 26 U.S. C.A. § 2810(a), “possession * * * of a * * * distilling apparatus for the production of spiritous liquors set up without having the same registered as required by law.”

On a record containing neither motion for a directed verdict nor any substantial objections made or exceptions…