United States v. Arvil Sutton Hopkins

Arvil Sutton Hopkins was charged in a three count indictment with possessing an unregistered still, 26 U.S.C. § 5601 (a) (1); carrying on the business of a distiller without having given bond, 26 U.S.C. § 5601(a) (4); and assaulting a federal officer with a dangerous weapon. He was acquitted by a jury of the assault charge but was convicted on the remaining counts and sentenced to eighteen months imprisonment. We affirm.

Hopkins raises two points on appeal. He first contends that the failure of the trial court to administer the oath to the jury until after the government had presented its case…