United States v. Montgomery

JONES, Circuit Judge.

The appellant, along with others, was indicted and convicted for defrauding the United States of tax, possessing an unregistered still and fermenting mash, and removing, etc., untaxed distilled spirits in violation of the internal revenue law, 26 U.S.C.A. Int.Rev.Code §§ 2810, 2833, 2834 and 3321. In support of his appeal from the judgment entered on the jury’s verdict, the appellant alleges that certain evidence was improperly received in rebuttal when it should have been offered in the government’s case in chief; that certain questions propounded to a witness in direct…