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SHIVELY v. UNITED STATES

Nos. 6735, 6741.

210 F.2d 131 (1954)

SHIVELY v. UNITED STATES (two cases).

United States Court of Appeals Fourth Circuit.

Decided January 27, 1954.

Attorney(s) appearing for the Case

C. Carter Lee, Rocky Mount, Va., for appellants.

John Strickler, U. S. Atty., Roanoke, Va., and Beverly A. Davis, III, Asst. U. S. Atty., Rocky Mount, Va. (Thomas J. Wilson, Asst. U. S. Atty., Harrisburg, Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

On July 28, 1953, a Ford and a Chevrolet pickup truck were seized by officers of the law while proceeding a short distance apart along a highway in Franklin County, Virginia. Loaded upon the Ford was a copper still and upon the Chevrolet six box fermenters of the sort used around illicit distilleries, bearing a strong odor of mash. The driver of the Ford escaped. The appellant Henry Waverly Shively who was driving the Chevrolet was arrested and was indicted...

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