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PEARSON v. UNITED STATES

No. 3122.

150 F.2d 219 (1945)

PEARSON v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

June 21, 1945.

Attorney(s) appearing for the Case

Kelly Brown, of Muskogee, Okl. (R. M. Mountcastle, of Muskogee, Okl., on the brief), for appellant.

Marvin Shilling, Asst. U. S. Atty., of Muskogee, Okl. (Cleon A. Summers, U. S. Atty., of Muskogee, Okl., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This is a proceeding to confiscate and forfeit an automobile seized by agents of the Alcohol Tax Unit. The judgment of the court below forfeited the automobile to the United States, and the owner thereof has appealed. The decision turns upon whether the search and seizure of the automobile without a search warrant was lawful and whether the evidence obtained as a result thereof was properly admitted...

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