THOMPSON v. UNITED STATES

No. 5924.

44 F.2d 165 (1930)

THOMPSON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 3, 1930.


Attorney(s) appearing for the Case

Scott Russell, of Macon, Ga. (Jones, Jones, Johnston & Russell, of Macon, Ga., on the brief), for appellant.

W. A. Bootle, U. S. Atty., of Macon, Ga. (Fred W. New, Asst. U. S. Atty., of Macon, Ga., on the brief), for the United States.

Before BRYAN and FOSTER, Circuit Judges, and SIBLEY, District Judge.


BRYAN, Circuit Judge.

Appellant was convicted of the unlawful transportation by automobile of intoxicating liquor which the indictment alleged was intended for beverage purposes, in violation of the National Prohibition Act (27 USCA).

That the liquor was being transported as alleged is undisputed, but the proof relied on by the government was discovered only upon a search of the automobile. As appellant was driving a Cadillac automobile along a main highway...

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