United States v. Bardenheier
District Court, E.D. Missouri
At Law. Information against John Bardenheier for violation of the internal revenue laws. STATEMENT BY THAYER, DISTRICT JUDGE. • This is an/information containing eight counts, under section 3326, Rev. St. The first series of counts (Nos. 1, 2, 5, and 6) are for altering “distillery warehouse stamps” and “inspection marks” on certain barrels of distilled spirits, by “obliterating and making illegible” the dates of such stamps and marks.
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At Law. Information against John Bardenheier for violation of the internal revenue laws. STATEMENT BY THAYER, DISTRICT JUDGE. • This is an/information containing eight counts, under section 3326, Rev. St. The first series of counts (Nos. 1, 2, 5, and 6) are for altering “distillery warehouse stamps” and “inspection marks” on certain barrels of distilled spirits, by “obliterating and making illegible” the dates of such stamps and marks. In the second series of counts (Nos. 3, 4, 7, and 8) it is charged, in substance, that defendant unlawfully and fraudulently used casks having thereon United…
1Opinion of the Court
Thayer, District Judge,
(after stating the facts.) The chief objections-to the first series of counts are that an “obliteration ” of a portion of a government inspection mark or stamp is not a “change or alteration” thereof, within the meaning of section 3326; and, secondly, that the-counts are bad because it is not alleged that the marks and stamps were ¡ knowingly and intentionally altered in the respects stated.
*847Neither of these objections appears to the court to be tenable. A stamp or inspection mark is changed or altered from its former condition when a portion of it is obliterated or…
2Cited by7 opinions
- United States v. GoldbergCourt of Appeals for the Eighth Circuit · 1955
- Theodore Wisniewski v. United StatesCourt of Appeals for the Eighth Circuit · 1957
- United States v. One Package of Distilled SpiritsDistrict Court, S.D. Illinois · 1898
- Barceló & Cía., S. en C. v. Sancho BonetSupreme Court of Puerto Rico · 1947
- United States v. Bennett Goldberg, United States of America v. Donald Robert Hamilton, United States of America v. Claude J. Hupp and John W. Reilly, United States of America v. Frank S. Leonard, United States of America v. James D. O'connor, United States of America v. Constantine W. Parzyck and Steven F. Parzyck, (Two Cases). United States of America v. Theodore WisniewskiCourt of Appeals for the Eighth Circuit · 1955
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