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SCOGGINS v. UNITED STATES

No. 11233.

202 F.2d 211 (1953)

SCOGGINS v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided January 15, 1953.

Attorney(s) appearing for the Case

Josiah Lyman, Washington, D. C., for appellant.

Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty. and Harold H. Bacon, Attorney, Department of Justice, Washington, D. C., were on the brief for appellee. Joseph F. Goetten, Asst. U. S. Atty., Washington, D. C., at the time the record was filed, entered his appearance for appellee.

Before BAZELON, FAHY and WASHINGTON, Circuit Judges.

BAZELON, Circuit Judge.

Appellant was convicted of obtaining marihuana without payment of the tax required under 26 U.S.C. § 2593(a).1 The crucial evidence consisted of two marihuana cigarettes which the Government claims to have seized from appellant's apartment under a search warrant. Admission of the cigarettes followed denial of appellant's timely motion to suppress under Rule 41(e)2 for lack of probable...

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