RAY v. UNITED STATES

No. 8059.

84 F.2d 654 (1936)

RAY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 24, 1936.


Attorney(s) appearing for the Case

T. A. Wallace and Grady Gillon, both of Macon, Ga., for appellant.

T. Hoyt Davis, U. S. Atty., and A. Edward Smith, Asst. U. S. Atty., both of Macon, Ga., for the United States.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellant was charged in two counts with (1) willfully possessing, (2) willfully transporting, tax unpaid liquor. He did not deny either the possession or the transportation. His defense, raised in advance of the trial by motion to suppress evidence, was that the evidence to convict him had been gotten from him by an unlawful and unreasonable search and seizure of his automobile and of his home.

The District Judge sustained the motion...

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