United States Supreme Court Cases & Opinions

U.S. Supreme Court

Rossi v. United States, 289 U.S. 89 (1933)

Rossi v. United States

No. 594

Argued March 13, 1933

Decided April 10, 1933

289 U.S. 89

Syllabus

1. Under § 3266 R.S.; 26 U.S.C. § 291, a person may not register, or have lawful custody or control of, a still set up in a dwelling house for the manufacture of alcoholic spirits. P. 289 U. S. 91.

2. In prosecutions for carrying on the business of a distiller without giving bond and for having possession and control of a still not registered, the failure to register and to give bond may be inferred from proof that the still, in the custody and control of the defendants, was set up and operating, or ready to operate, in a dwelling house. P. 289 U. S. 90.

3. The burden of proof to show execution of a bond and registration of the still was upon the defendants. Id.

4. It is not incumbent upon the prosecution to adduce positive evidence to support a negative averment, the truth of which is fairly indicated by established circumstances and which if untrue could be readily disproved by the production of documents or other evidence probably within the defendants' possession or control. P. 289 U. S. 91.

60 F.2d 955 affirmed.

Certiorari, 288 U.S. 595, to review the affirmance of convictions under an indictment charging violations of the Internal Revenue Laws.