Roy Lee Burke v. United States

By a two count indictment, Appellant was charged in Count One with carrying on the business of a distiller and in Count Two of doing so with intent to defraud the United States in violation of 26 U.S.C.A. §§ 5601(a) (4) and 5602. The Jury acquitted Appellant on Count Two but found him guilty of carrying on the business of a distiller. The sole contention before us is the sufficiency of the evidence to support the Jury’s verdict. We affirm.

Appellant was apprehended by Revenue agents after an unsuccessful and very brief flight at and from the site of a still which was not then in actual…