John Daniel Byars v. United States

Following trial by jury, appellant was found guilty under a three-count indictment charging unlawful possession of a still, unlawfully carrying on the business of a distiller, and unlawful possession of distilled spirits, and received a sentence of $300 fine and imprisonment of 179 days. Sections 2810(a), 2833(a) and 2803(a), Title 26, U.S.Code.

Part of the Government’s evidence was the testimony of two witnesses who stated that Matthews, a co-defendant, when arrested, made the statement, not in the presence of the appellant, that he was paid $6 a day by the appellant for working at the still.…