Page:Federal Reporter, 1st Series, Volume 7.djvu/468

 456 FiaDEUili EEPORTER. �2. ■ Same— Receipt OB' Uistilled Spihits — Uev. St. { 3317 — 20 St. 4.T Lakge, 339. �The receipt of distilled spirits produced at and removed from an illicit distilleiy, aore wlthin the scbpe of section 3317 of the Bevued Statiites, as amended by the act of March 1, 1879. �S. 8amb— AvEKME^, IN Infokmatioit— Proof. �An averment in such information that the spirits were received from some person or persons to the district attoraey as yet unknown, was not necessary to a prosecution under the statuts, and did not require to be proved. �4. SAMB— InFOBMATIOH— TBIAIt— JtTEOB. �Upon the trial of such information, the defendant cannot object to the empanelling of a jury upon the grouhd that a juror whose name was drawn from the jury-box in due order of lot, to try said defendant,- had depai-ted the court without leave before said jury had been empanelled.— [Ed. �Information. Motion in arrest of judgment and for a new txial. �Benediot, D. J. The defendant was prosecuted under Eev. St. § ,3317, as amended by the act of March 1, 1879, (20 St. at Large, 339,) by an information containing three counts, and was convicted upon the first and third counts. In the first count he was charged with having carried on the busi- ness of a rectifier of distilled spirits at a certain time and place, with intent to defraud the United States of the tax on distilled spirits rectified by him. In the third count he was charged with having received at a certain time, at No. 623 West Twenty sixth street, in this city, from some person, to the district attomey unknown, certain spirits which had been unlawfully removed from a distillery to a place other than the distillery warehouse provided by law, to-wit, to the place above described, knowing and having reasonable grounds to believe that the tax on said spirits had not been paid as required by law. �A motion in arrest of judgment and for a new trial haa been made, and numerous points have been presented in support thereof. These points have all received attention, and we find in none of them a grouud upon which to arrest judgment, or to direct a new triaL ��� �