KOENANN v. UNITED STATES

No. 15766.

230 F.2d 662 (1956)

Albert M. KOENANN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 16, 1956.


Attorney(s) appearing for the Case

Hilary J. Gaudin, G. W. Gill, New Orleans, La., for appellant.

Jack C. Benjamin, Asst. U. S. Atty., New Orleans, La., George R. Blue, U. S. Atty., New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.


HUTCHESON, Chief Judge.

Convicted and sentenced on an indictment charging him with possession of 171 gallons of non-tax paid whiskey in violation of Section 2803, Title 26 U.S.C., defendant has appealed. His single claim of error is that the charge and conviction were based solely upon evidence obtained through an illegal search and seizure, in that, though the facts known to the officers might have been sufficient to justify the issuance of a search warrant, they...

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