Fleisher v. United States, 302 U.S. 218 (1937)

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Fleisher v. United States

No. 202

Argued November 15, 1937
Decided December 6, 1937 *
302 U.S. 218

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. Registration of stills for the production of distilled spirits should be with the District Supervisor of the Alcohol Tax Unit in the Bureau of Internal Revenue. P. 219.

A count charging conspiracy to commit the offense of possessing such stills "without having the same registered with the Collector of Internal Revenue, as required by law," is therefore bad. (Cf. Rev.Stats. § 3258; 26 U.S.C. § 1162.)

2. When the first of several counts upon which consecutive sentences are based is defective, the sentences should be corrected so as to fix a definite date for their commencement. P. 220.

91 F.2d 404 reversed.

Certiorari, post, p. 673, to review judgments affirming judgments sentencing petitioners after conviction upon four counts of a joint indictment for conspiracy.