UNITED STATES v. JOINES

No. 12186.

246 F.2d 278 (1957)

UNITED STATES of America v. J. Paul JOINES and John Robert Joines. Appeal of John Robert JOINES.

United States Court of Appeals Third Circuit.

Decided June 25, 1957.

Rehearing Denied July 23, 1957.


Attorney(s) appearing for the Case

Judson E. Ruch, York, Pa. (R. Palmer Ingram, Baltimore, Md., on the brief), for appellant.

William D. Morgan, Asst. U. S. Atty., Scranton, Pa. (Robert J. Hourigan, U. S. Atty., Scranton, Pa., on the brief), for appellees.

Before MARIS, KALODNER and STALEY, Circuit Judges.


PER CURIAM.

This appeal from a judgment of conviction in a criminal case raises the question whether the defendant was convicted upon evidence obtained as the result of an unlawful search and seizure. Officers of the Internal Revenue Service armed with a lawful warrant for the defendant's arrest appeared at his dwelling house to arrest him. It turned out that he was not then at home but in the course of searching the house for him the agents after breaking open an...

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