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SCHUTTE v. UNITED STATES

No. 4916.

21 F.2d 830 (1927)

SCHUTTE v. UNITED STATES.

Circuit Court of Appeals. Sixth Circuit.

October 15, 1927.

Attorney(s) appearing for the Case

F. Roland Allaben, of Grand Rapids, Mich. (Dunham & Cholette, of Grand Rapids, Mich., on the brief), for plaintiff in error.

Edward J. Bowman, U. S. Atty., of Grand Rapids, Mich. (Louis H. Grettenberger, Asst. U. S. Atty., of Grand Rapids, Mich., on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and HICKENLOOPER, District Judge.

PER CURIAM.

Affirmed. In the search of a dwelling made by consent, no search warrant is necessary. Gatterdam v. U. S., C. C. A. 6, 5 F.2d 673, 674. As to whether such consent was freely given, there was a question of fact. The court found as a fact that consent was given and without any duress; this conclusion was amply supported by the evidence; no question of law thereon remains for review.

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