Hensley

Hensley v. United States

Good Law
171 F.2d 78·37 A.F.T.R. (P-H) 608·37 A.F.T.R. (RIA) 608·1948 U.S. App. LEXIS 3822
United States Court of Appeals for the Ninth CircuitNovember 29, 1948No. 11921California2,656 words

Opinion

Lead Opinion

Bone, J.

Appellants, who were wholesale liquor dealers, appeal from a judgment of conviction upon the verdict of a jury under an indictment 1 containing 69 counts. The first 68 were identical save as to the description of the then wholesale liquor dealer, the place of business, the names of the accused, the date of the offense, and the names and addresses on a certain *79 “Form 52-B” of the person or persons to whom distilled spirits were sent.

Each of these 68 counts charged that certain appellants (individual and/or corporate) specified therein, then being wholesale liquor dealers operating under basic permits, as such were required to keep a record of distilled spirits disposed of by them on Form 52-B prescribed by the Commissioner of Internal Revenue to be used for the purpose of indicating thereon, among other things, the name and address of the person or persons to whom distilled spirits were sent. These counts charged that in violation of Title 26, U.S.C.A. § 2857 certain of the appellants made false entries in Form 52-B as to the name and address of person or persons to whom distilled liquors were sent by the appellants named in each count. Counts 1 and 2 are typical examples of…

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