PURIFOY v. UNITED STATES

No. 12324.

170 F.2d 144 (1948)

PURIFOY v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

October 19, 1948.


Attorney(s) appearing for the Case

John J. Flynt, Jr., of Griffin, Ga., for appellant.

Lamar N. Smith, Asst. U. S. Atty., of Atlanta, Ga., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.


PER CURIAM.

Purifoy was convicted of possessing seven gallons of unstamped distilled spirits, and of knowingly depositing and concealing the same with intent to defraud the United States of the tax. The spirits were in his home, the officers testifying that he told them it was there and invited them to see it; but he testified they entered without his invitation or permission. They had no search warrant. A motion to suppress the evidence was heard along with the trial...

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