Falcone (D) and others sold various essential ingredients of liquor to a group of distillers, knowing that these materials would be used to manufacture liquor illegally. Ds were indicted with sixty-three others in the northern district of New York for conspiring to violate the revenue laws by the operation of twenty-two illicit stills. Ds had no interest in the actual manufacture. The items themselves were legal to sell. Knowledge of the distillers’ criminal purpose was evidenced by the efforts of one of the conspirators to conceal his identity to avoid detection. D was convicted of conspiracy to operate stills. D appealed; they were not a part of the scheme. The Court of Appeals for the Second Circuit reversed the conviction of the five Ds on the ground that as there was no evidence that Ds were themselves conspirators, the sale by them of materials. Knowing that the materials would be used by others in illicit distilling, was not sufficient to establish that Ds were guilty of the conspiracy charged. P appealed.

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