MEDINA v. UNITED STATES

Nos. 11597, 11598.

158 F.2d 955 (1946)

MEDINA v. UNITED STATES. KULBETH v. SAME.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 22, 1947.


Attorney(s) appearing for the Case

Howard Dailey, of Dallas, Tex., for appellant Medina.

Howard Dailey and Maury Hughes, both of Dallas, Tex., for appellant Kulbeth.

Robert B. Young, Jr., U. S. Atty., of Fort Worth, Tex., and Wm. Cantrell, Jr., and Clyde G. Hood, Asst. U. S. Attys., both of Dallas, Tex., for appellee.

Before HUTCHESON, McCORD, and LEE, Circuit Judges.


PER CURIAM.

Indicted for possession of narcotics, towit, heroin, appellant in each of the cases is here assigning error in denying his motion to suppress evidence obtained on a search and seizure of an automobile, and, therefore, his motion for an instructed verdict on the ground of the insufficiency of the evidence.

The evidence in each of the cases establishes without contradiction that the search and seizure was made on information believed by the customs...

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