LOWREY v. UNITED STATES

No. 12137.

128 F.2d 477 (1942)

LOWREY v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 20, 1942.


Attorney(s) appearing for the Case

C. Floyd Huff, Jr., of Hot Springs, Ark., and M. Drew Bowers, of Little Rock, Ark., for appellant.

Thomas C. Pitts, Asst. U. S. Atty., of Fort Smith, Ark. (Clinton R. Barry, U. S. Atty., and John E. Harris and Charles A. Beasley, Jr., Asst. U. S. Attys., all of Fort Smith, Ark., on the brief), for appellee.

Before GARDNER, THOMAS, and RIDDICK, Circuit Judges.


RIDDICK, Circuit Judge.

The appellant was convicted on an indictment charging him with the unlawful possession of distilled spirits in violation of 26 U.S.C.A. Int.Rev.Code, § 2803, requiring the containers of such spirits to have affixed stamps denoting the quantity contained and evidencing payment of internal revenue taxes. The appellant's conviction depends entirely upon evidence obtained by state officers by an unlawful search of the appellant's residence...

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