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LOCKHART v. UNITED STATES

No. 9083.

51 F.2d 732 (1931)

LOCKHART v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

August 19, 1931.

Attorney(s) appearing for the Case

J. R. Lones, of Omaha, Neb. (Raymond T. Coffey, of Omaha, Neb., on the brief), for appellant.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before STONE and GARDNER, Circuit Judges, and YOUMANS, District Judge.

YOUMANS, District Judge.

Appellant was convicted upon an information charging him with the unlawful transportation in an automobile of 25 gallons of alcohol and five gallons of whisky. Before trial appellant filed a motion to suppress evidence on the ground that it was obtained by a search and seizure without a search warrant or warrant of arrest. The motion was submitted to the court on the affidavits of defendant and two prohibition officers and was overruled. Upon...

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