The Brothers' Farm

Two brothers lived near each other on one brother's farm in Alabama. Together they ran an illegal whiskey operation — unlawfully possessing, transporting, and selling untaxed whiskey in violation of the federal Internal Revenue Code. A federal grand jury returned an indictment with ten substantive counts and one conspiracy count. The evidence showed that one brother committed most of the substantive violations personally. During part of the period charged, the other brother was imprisoned on other matters; one brother continued the operation alone. There was no evidence that the other brother directly participated in the commission of the six substantive offences with which he was charged, though the Prosecution showed that these acts were committed by one brother in furtherance of the brothers' joint conspiracy. The trial Court instructed the jury that the other brother could be found guilty of the substantive offences if it found that he and one brother were parties to an unlawful conspiracy and that the offences were committed by one brother in furtherance of that conspiracy. The jury convicted one brother on nine substantive counts and the conspiracy count.