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Capozzi v. United States

June 8, 1937

CAPOZZI
v.
UNITED STATES, AND SEVEN OTHER CASES



Appeal from the District Court of the United States for the Middle District of Pennsylvania; Albert W. Johnson, Judge.

Author: Thompson

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

These are appeals from judgments of the District Court for the Middle District of Pennsylvania. The appellants were charged with conspiracy to violate the internal revenue laws (18 U.S.C.A. § 88), to wit: To operate a still without registering (26 U.S.C.A. § 281, now section 1162); to carry on the business of distillers without giving bond (26 U.S.C.A. § 306, now section 1184); to make or ferment mash, wort, or wash in a building other than a distillery authorized by law (26 U.S.C.A. § 307, now section 1185); and to distill on prohibited premises (26 U.S.C.A. § 291, now section 1170). The evidence presented by the government tended to show the following facts:

On November 14, 1934, at about 10:15 p.m., government and state officers raided premises known as the Gheen farm, which was located in an isolated section of Lycoming county, Pa. Title to the Gheen farm, originally in the name of Royal G. Shaffer, was later transferred to Kyle L. Coltrane, a brother-in-law of Prince D. Farrington. There was evidence, however, that the farm was owned by Farrington, who lived a short distance away.

A large, unregistered alcohol still was found in the barn, and a steam boiler, used in the operation of the still, was found in the basement of the house.

An inventory, made at the time of the raid, included the following items:

On the first floor of the house were found: 175 5-gallon cans, full of alcohol; 53 5-gallon cans, empty; 200 10-gallon kegs, empty; 1 empty copper vat, 3' X 8'; 3 empty 50-gallon wooden kegs; 25 pounds charcoal; 12 1-gallon glass jugs, empty; 1 filter and filtering tank; 5 single and double barrel shotguns; and a quantity of miscellaneous items of a nature and kind used in and about a still.

On the second floor of the house were found: 19 cartons of glass jugs of colored whisky, 6 gallons to the carton, amounting to 114 gallons; 55 1/2 cartons of glass jugs of colored whisky, 4 gallons to the carton, amounting to 222 gallons; 1 10-gallon barrel of colored whisky; 1 10-gallon barrel, two-thirds full of colored whisky; 10 empty 10-gallon barrels; and 7 pieces of firearms, consisting of revolvers and rifles.

In the attic or third floor of the house were found: 150 pounds charcoal; 12 1-gallon jugs, empty; 80 10-gallon kegs, empty; 122 10-gallon kegs full of colored whisky, amounting to 1,220 gallons; 1 50-gallon keg, empty; rubber hose; and wooden keg bungs.

In the basement of the house were found: 2 10-gallon kegs, empty; 1 10-H.P. upright boiler (steam); 1 oil feed stationary boiler, 60 H.P., 6' X 15'; 1 gasoline engine, 3 H.P.; 1 oil storage tank, capacity 120 gallons, used to feed 60-H.P. boiler; 1 electric motor, 1-H.P.; 1 galvanized tank, 14' X 5'; 1 air compressor with 36" flywheel and belt; 1 electric motor, 1/2-H.P., with oil pump; 1 steel tank, empty, 4' X 4'; and 1 Sepco automatic electric water heater, capacity 50 gallons.

On the main floor of the barn; 75 50-gallon steel drums of molasses; 800 empty 5-gallon cans; 285 100-pound bags No. 13 soft brown sugar; 4 wooden vats 16' X 10', full of fermenting mash and each containing approximately 15,040 gallons; copper columns; together with dephlegmater, and a lot of iron pipe.

In the basement of the barn were found: 1 steel cooker, 12' X 8'; 2 steam pumps; 1 steel storage tank, 7' X 8'; 1 Worthington pump; and 2 small steam pumps.

A Reo truck, registered in the name of one T. B. Frank but shown in fact to be owned by Prince D. Farrington, was found on the premises. This truck had been used in the transportation of great quantities of sugar purchased on the account of Prince D. Farrington. It had also been used in the transportation of a boiler which answered the description of the one found in the basement of the house. A Reo tractor and trailer registered in the name of Prince D. Farrington hauled large quantities of molasses from Philadelphia. From July 12, 1934, to August 31, 1934, 115,000 pounds of sugar were purchased from the Pennsylvania Sugar Company in the name of Prince D. Farrington, and within a period of six weeks 8,000 gallons of molasses from the National Molasses Company. Some of the sugar was delivered by a public trucker who billed Prince D. Farrington for the same. Sugar seized on the Gheen farm was packed in bags of the Pennsylvania ...


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