United States v. Joseph H. Cudia and John Turner

SCHNACKENBERG, Circuit Judge.

Joseph H. Cudia and John Turner, defendants, appeal from their respective convictions by separate judgments entered on verdicts of a jury. They were tried upon an indictment charging a conspiracy, under 18 U.S.C.A. § 371, to have in their possession, custody and control an unregistered still, in violation of 26 U.S. C.A. § 5601(a) (1), (2), (4), (7) and (8) and § 5602, and alleging two overt acts by Cudia and one overt act by Turner in the execution of the conspiracy.

1. Defendants assign as error the action of the district court in denying their motions to dismiss…