Court of Appeals for the Fifth Circuit May 23, 1946, 11556 (Martin v. United States)

LEE, Circuit Judge.

The appellants, Jerry Martin and Jack Johnson, were each sentenced to serve three years in the federal penitentiary after conviction upon an indictment charging them with the possession, on March 9, 1945, of 45 gallons of distilled liquors in 5-gallon containers without having affixed thereto internal revenue stamps, in violation of 26 U.S.C.A. Int.Rev.Code, § 2803 (a).