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PEPPERS v. UNITED STATES

No. 13890.

176 F.2d 433 (1949)

PEPPERS et al. v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

July 22, 1949.

Attorney(s) appearing for the Case

C. Floyd Huff, Jr., Hot Springs, Ark., for appellants.

David R. Boatright, Assistant United States Attorney, Fort Smith, Ark. (R. S. Wilson, United States Attorney, and Charles A. Beasley, Jr., Assistant United States Attorney, Fort Smith, Ark. on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

On June 3, 1948, at about 10:30 P.M., the defendants (appellants) were driving a truck on United States Highway No. 70, near Hot Springs, Arkansas. The truck contained sixty gallons of non-tax-paid whiskey. The defendants were stopped by federal officers (Investigators of the Alcohol Tax Unit of the Treasury Department). The officers had no search warrant, but searched the truck, seized the whiskey, and arrested the defendants. The defendants...

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