BYRD v. UNITED STATES

No. 14827.

216 F.2d 606 (1954)

John Doyle BYRD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

November 16, 1954.


Attorney(s) appearing for the Case

N. Neil Andrews, Pierre Howard and Howard, Howard, Slaton & Holt, Atlanta, Ga., for appellant.

J. Robert Sparks, J. Ellis Mundy, Asst. U. S. Attys., James W. Dorsey, U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


PER CURIAM.

Convicted of a violation of Internal Revenue laws, upon evidence obtained without a warrant of arrest or for search, and sentenced to imprisonment and to pay a fine, defendant has appealed, assigning as fundamental error the denial of his motion to suppress the evidence so obtained.

Conceding that if the action of the court denying the motion was not erroneous, the judgment should be affirmed, appellant is here insisting that it was, and the judgment...

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