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THOMAS v. UNITED STATES

No. 11829.

162 F.2d 301 (1947)

THOMAS et ux. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 25, 1947.

Attorney(s) appearing for the Case

King C. Haynie, of Houston Tex., for appellants.

Brian S. Odem, U. S. Atty., and William R. Eckhardt, Asst. U. S. Atty., both of Houston, Tex., for appellee.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

Both of the defendants were convicted of unlawfully acquiring and receiving a quantity of marihuana without having paid the transfer tax as required by law. The Government's testimony showed that on the night of the arrest of the two defendants the officers of the Houston Police Department were watching the home of one Lee Lewis, a colored man, in the Negro section of Houston, Texas. At about 10:30 at night an automobile drove up to the house...

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