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UNITED STATES v. PONDER

No. 7251.

238 F.2d 825 (1956)

UNITED STATES of America, Appellant, v. Zeno PONDER, E. Y. Ponder, B. K. Meadows, Arthur E. Cantrell, LeRoy Shelton, W. T. Moore, Roy Freeman, Merit Whitt, Jeff Whitt, and James William Baldwin, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 29, 1956.

Attorney(s) appearing for the Case

J. M. Baley, Jr., U. S. Atty., Marshall, N. C., for appellant.

Thomas A. Uzzell, Jr., Asheville, N. C. (A. E. Leake, Marshall, N. C., and W. R. Francis, Waynesville, N. C., on brief), for appellees.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and BRYAN, District Judge.

BRYAN, District Judge.

The United States seeks review of an order of the District Court, entered in a pending prosecution of the appellees for election frauds, suppressing as evidence the election ballots, books, and returns. These had been obtained from some of the defendants, and were held, by the Marshal under an impounding order of the court made before the criminal action was begun. The order of suppression was granted on defendants' motion after indictment....

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