Nielson

Nielson v. United States

Good Law
24 F.2d 802·1928 U.S. App. LEXIS 2170
United States Court of Appeals for the Ninth CircuitMarch 12, 1928No. 5021California1,448 words

Opinion

Lead Opinion

Gilbert, J.

The plaintiffs in error, together with one Noland Nelson, were charged with conspiracy to violate the National Prohibition Act (27 USCA) and certain revenue statutes of the United States. The charge was dismissed as against Nelson; the others were convicted.

On May 18, 1926, prohibition agents came upon an abandoned lumber camp consisting of a number of shaeks or cabins, an open garage, and a bam. In the garage they found a Buiek touring ear belonging to the defendant Dave Nielson, and a Ford belonging to the defendant Reece, the back seats of both cars being missing. In the bam they found a Chevrolet car belonging to the defendant Charles Nielson. Following fresh tracks from the shaeks, the officers struck a well-defined trail through brush and woods, following which a quarter of a mile they came upon a 350-gallon still, and two 1,000-gallon tanks of fermenting com meal and sugar mash. As they approached, they saw- two men flee in one direction and heard the flight of another in a different direction. After destroying the still and tanks, the officers returned to the lumber camp, and they found in one of the shaeks evidence that it had been occupied by the defendant Reece. They…

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