United States v. Burgess

W.D. South Carolina

United States v. Burgess

33 F. 833, 1888 U.S. Dist. LEXIS 10

CourtDistrict Court, W.D. South Carolina

DecidedFebruary 1, 1888

StatusPublished

This text of 33 F. 833 (United States v. Burgess) is published on Counsel Stack Legal Research, covering District Court, W.D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Burgess, 33 F. 833, 1888 U.S. Dist. LEXIS 10 (southcarolinawd 1888).

Pincite

Opinion

Simonton, J.

The evidence in this case is that the defendant erected for one Sessions a shanty in which was put up an illlieit still. There is no evidence that he ever worked in or about the distillery after the still was set up. The defendant asks that the jury be instructed 1o find a verdict of not guilty. The section of the Revised Statutes punishes “every person who works in any distillery * * * on which no sign is placed and kept.” Section 3279. Evidently this means, working in any establishment or place in which distilled liquors are made. The fact that no sign is placed and kept on the distillery is the gist of the offense. The first part of this section requires the sign to be put up by a person engaged in distilling. The work that defendant did in putting up the shanty is not the work in a distillery forbidden by this section. The jury will find a verdict of not guilty.

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Simonton, J.

The evidence in this case is that the defendant erected for one Sessions a shanty in which was put up an illlieit still. There is no evidence that he ever worked in or about the distillery after the still was set up. The defendant asks that the jury be instructed 1o find a verdict of not guilty. The section of the Revised Statutes punishes “every person who works in any distillery * * * on which no sign is placed and kept.” Section 3279. Evidently this means, working in any establishment or place in which distilled liquors are made. The fact that no sign is placed and kept on the distillery is the gist of the offense. The first part of this section requires the sign to be put up by a person engaged in distilling. The work that defendant did in putting up the shanty is not the work in a distillery forbidden by this section. The jury will find a verdict of not guilty.

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Bluebook (online)

33 F. 833, 1888 U.S. Dist. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-burgess-southcarolinawd-1888.