United States v. Pritchard, C/9190.
Citation | 55 F. Supp. 201 |
Decision Date | 20 May 1944 |
Docket Number | No. C/9190.,C/9190. |
Court | United States District Courts. 4th Circuit. United States District Court of South Carolina |
Parties | UNITED STATES v. PRITCHARD et al. |
Oscar H. Doyle, U. S. Atty., of Greenville, S. C., for the United States.
D. W. Galloway, of Spartanburg, S. C., for defendant Woodfin Vance Waters.
The defendant, Woodfin Vance Waters, was convicted on the second count of an indictment in the above case, charging him, Clarence Lockhart and Amos Duncan Pritchard, with knowingly and unlawfully engaging in, or carrying on, the business of distillers of spirituous liquors, without having given bond, as required by law, and with intent to defraud the United States of the tax on the spirits distilled by them, contrary to the form of the statute, etc. 26 U.S.C.A. Int.Rev.Code, § 2833. Clarence Lockhart was acquitted; Amos Duncan Pritchard was in the armed forces of the United States, and the District Attorney did not ask a true bill as to him.
At the conclusion of all the testimony, the defendant Waters moved for a directed verdict of not guilty as to him. Motion was overruled, and the matter is now before me upon defendant Waters' motion for a new trial, on the ground that there is no evidence to sustain the verdict of the jury, and that a verdict of not guilty should have been directed by the court.
The testimony discloses that officers of the law, as a result of information theretofore received, went to Hogback Mountain about twelve o'clock noon on November 26, 1943, and found an illicit distillery in operation. The distillery was seized and destroyed, along with 1050 gallons of sugar and shorts mash, and 27 gallons of whiskey that had been manufactured before the officers arrived. Pritchard and two unidentified men were at the distillery, and fled upon the arrival of the officers. Pritchard was apprehended and the other two escaped. There was evidence of considerable travel to the distillery. It was about 50 yards from a pond from which the water for the distillery was piped. About five o'clock of the same day the officers saw the defendant Waters driving a pickup truck along the road leading toward the distillery, and apprehended him about three-fourths of a mile from where the distillery was located. No liquor was found in the truck driven by the defendant, or anything else which could be used in carrying on the work of operating the distillery, except ten cases of one-half gallon fruit jars, and sixty one-gallon jugs, which were intended to be used for containers for whiskey manufactured at the distillery. When apprehended the defendant Waters admitted that he was coming after the whiskey at the distillery that the officers had destroyed and later gave the following written statement to the officers of the law:
It is contended by the defendant that regardless of his motives, his apprehension made it impossible for him to carry out his evil design of completing his acquisition of the un-tax-paid whiskey; that no evidence was shown that he had any financial interest or other interest in the distillery, or its operation. To sustain his contention he relies upon, among other South Carolina decisions,2 the case of State v. Kelly, 114 S.C. 336, 103 S.E. 511, 512, where the Supreme Court of South Carolina said: ...
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...582 (C.A.3d Cir.). Suppliers, haulers, and a host of other functionaries have been convicted under the statute. See United States v. Pritchard, 55 F.Supp. 201 (D.C.W.D.S.C.), aff'd, 145 F.2d 240 (C.A.4th Cir.). Congress was undoubtedly aware that manufacturers of illegal liquor are notoriou......
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