DRAYTON v. UNITED STATES

No. 14110.

205 F.2d 35 (1953)

DRAYTON v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

June 5, 1953.


Attorney(s) appearing for the Case

David D. Phillips, Miami, Fla., for appellant.

Fred Botts, Asst. U. S. Atty., Miami, Fla., Herbert S. Phillips, U. S. Atty. for Southern District of Florida, Tampa, Fla., for appellee.

Before BORAH, RUSSELL and STRUM, Circuit Judges.


STRUM, Circuit Judge.

Appellant, defendant below, was convicted of the unlawful acquisition of marihuana without payment of the transfer tax, contrary to 26 U.S.C.A. § 2593(a). On appeal, the determinative questions are the legality of defendant's arrest, and a search of her premises, both without a warrant.

The building in which the defendant was arrested, and the search conducted, is a two-story rooming house...

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