Elmer Fowler v. United States

TUTTLE, Circuit Judge.

This is an appeal from a conviction on two counts, (1) of unlawfully possessing and (2) of unlawfully depositing and concealing nontaxpaid distilled spirits. The specifications of error challenge the sufficiency and weight of the evidence to sustain the verdict, and a part of the trial court’s instructions to the jury.

The prosecution’s evidence tended to show that on Sunday, May 30,1954, state revenue agents Garrett and Williams found eighteen gallons of whiskey hidden in a field about a half-mile from the appellant’s house. The cache was about fifteen or twenty feet…