United States v. Pritchard, C/9190.

Citation55 F. Supp. 201
Decision Date20 May 1944
Docket NumberNo. C/9190.,C/9190.
CourtUnited States District Courts. 4th Circuit. United States District Court of South Carolina
PartiesUNITED 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.

WYCHE, District Judge.

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: "My full name is Woodfin Vance Waters, Alias Woody or Woodrow, I live at Rt #4 Spartanburg, S. C. I work for Boyd Riding near the City Limits of Spartanburg. I am not married. I am 39 years old, 145 lbs, Grey eyes, Brn hair, Med build. I was arrested in Polk County, N. C. for making whiskey in 1940 and was fined 141.70, and was arrested twice in August 1943 in Spartanburg County, S. C. for selling whiskey, and was fined 100.00 in one case and one case is pending. That is all I have been up for except some minor charges. I have never been in Federal Court before. I have no financial responsibility. On Nov. 25, 1943 I asked the owner of the 1935 Pick-up Ford Truck that I had been driving around the place where I worked if I could borrow the truck to go visit my folks in Tryon, N. C. the next day, and he said that it was alright. At about 3:PM on Friday Nov. 26, 1943 I left my folks in Tryon, N. C. and went into town and bought about 10 cases of half-gallon fruit jars1 and about 60 one Gal. jugs and then proceeded up the Hogback Mtn. road. I was going to the Club House on top of the mountain and get a load of whiskey. Arrangements had already been made to pick this whiskey up. Just before I got to the site some Officers tried to stop me on the road, but I jumped out of the truck and ran down the mountain and was caught someways down. I had nothing to do with the still, but was just going to get the whiskey. I was figuring on paying 4.50 per Gallon for it, and I was going to re-sell it for about 8.00 per Gal. This is about all I know about the matter."

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: "It is true that from the beginning and until now `every imagination of the thoughts of his (man's) heart was only evil continually.' But when a man is charged with evil thoughts ripened into action, his fellow triers cannot rest judgment on their knowledge of original sin inherent in the prisoner, else none of us would escape judgment. The evil thought, which is the criminal...

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8 cases
  • United States v. Gainey, 13
    • United States
    • U.S. Supreme Court
    • 1 d1 Março d1 1965
    ...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......
  • United States v. Greer
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 18 d5 Agosto d5 1972
    ...participation is sufficient to make him an accomplice and thus to require the application of this section. United States v. Pritchard, 55 F.Supp. 201 (W.D.S.C.), aff'd, Waters v. United States, 145 F.2d 240 (4th Cir. 6 Since we are overturning Greer's conviction under Count Two, we need not......
  • Aaronson v. United States
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • 8 d3 Junho d3 1949
    ...suggested that it is still necessary to look to the common law to ascertain the meaning of the terms employed. See United States v. Pritchard, D.C.W.D. S.C., 55 F.Supp. 201; Morei v. United States, 6 Cir., 127 F.2d 827. But these statements do not compel the view that it was the intention o......
  • United States v. Callahan
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 22 d1 Março d1 1971
    ...1970). Callahan was charged as an accessory before the fact and thus a principal, under 18 U.S.C. Section 2 (1964). United States v. Pritchard, 55 F.Supp. 201, 203 (W.D.S.C.), affirmed per curiam sub nom. Waters v. United States, 145 F.2d 240 (4th Cir. 1944). We find no insufficiency in the......
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