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SIMMONS v. UNITED STATES

No. 7479.

18 F.2d 85 (1927)

SIMMONS v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

February 21, 1927.

Attorney(s) appearing for the Case

John T. Harley, of Tulsa, Okl. (J. Hugh Nolen, of Okemah, Okl., on the brief), for plaintiff in error.

John M. Goldesberry, U. S. Atty., of Tulsa, Okl. (W. B. Blair, Asst. U. S. Atty., of Tulsa, Okl., on the brief), for the United States.

Before LEWIS and KENYON, Circuit Judges, and TRIEBER, District Judge.

KENYON, Circuit Judge.

Plaintiff in error was convicted in the District Court of the United States for the Northern District of Oklahoma, for wrongfully and unlawfully having in his possession two gallons of corn whisky. Prior to the trial plaintiff in error filed a motion to quash the indictment and to suppress evidence illegally obtained, claiming that the evidence submitted to the grand jury was obtained by federal officers and persons acting with them in the search...

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