BATTEN v. UNITED STATES

No. 13229.

188 F.2d 75 (1951)

BATTEN v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

April 11, 1951.


Attorney(s) appearing for the Case

M. H. Myerson, Jacksonville, Fla., for appellant.

William S. Walker, Asst. U. S. Atty., Jacksonville, Fla., H. S. Phillips, U. S. Atty., Tampa, Fla., for appellee.

Before HOLMES, McCORD and STRUM, Circuit Judges.


McCORD, Circuit Judge.

Appellant, Jeffrey Albert Batten, was convicted under a one count indictment charging him with unlawful possession of two hundred and thirty gallons of non-tax paid whiskey, in violation of Title 26, Section 2803(a), U.S.C.A.

The main questions presented are (1) whether there was sufficient evidence to justify submission of the case to the jury; and (2) whether there was probable cause for the issuance of a search warrant on the garage...

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