232 F2d 412 Scarborough v. United States  232 F.2d 412  William
A. SCARBOROUGH, Appellant,   UNITED STATES of America, Appellee.
No. 15492.  United States Court of Appeals Fifth Circuit.  April
20, 1956.  Robert W. Gwin, Birmingham, Ala., T. J. White,
Gulfport, Miss., Beddow, Gwin & Embry, Birmingham, Ala., for
appellant.  Atley A. Kitchings, Frank M. Johnson, Jr., U. S.
Attys., Leon J. Hopper, Asst. U. S. Atty., Birmingham, Ala., for
appellee.   RIVES, Circuit Judge.   The indictment charged a
conspiracy, 18 U.S.C.A. § 371, extending "from, to-wit, the 1st
day of July, 1953, to, to-wit, the 9th day of April, 1954", a
period of approximately nine months and nine days, to violate
the internal revenue laws relating to nontax paid whiskey.
Twenty-four additional counts charged various substantive
violations of such laws. The appellant was charged only in the
conspiracy count, in which he was charged with having conspired
with fourteen co-defendants, with eight named conspirators not
indicted, "and with other pe