United States v. Quantity of Rags

27 F. Cas. 638, 77 Int. Rev. Rec. 123

Opinion

BENEDICT, District Judge,

held, that under section 4S of the internal revenue law, the juxtaposition of the property proceeded against in the same place, or within the same enclosure with the illicit still, was sufficient to forfeit it; provided the owners of the property knew of the existence of the illicit still in the rear stable, and that under the evidence in the case the jury would not be warranted in finding that the existence of the illicit still was unknown to the owner of the place and the keeper of the livery stable. A verdict was accordingly directed in favor of the government.