HAERR v. UNITED STATES

No. 16047.

240 F.2d 533 (1957)

Charles Spencer HAERR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 16, 1957.


Attorney(s) appearing for the Case

John E. Fitzgibbon, Horace C. Hall, Laredo, Tex., Fitzgibbon, Goodwin & Gallagher, Laredo, Tex., for appellant.

L. Glen Kratochvil, Asst. U. S. Atty., Malcolm R. Wilkey, U. S. Atty., Houston, Tex., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.


CAMERON, Circuit Judge.

Haerr was convicted of unlawfully acquiring marihuana in violation of 26 U.S. C.A. § 4744 (a) and, this being his second similar offense, was fined and sentenced to eight years imprisonment. Upon trial by the Court appellant insisted that the contraband should not be allowed in evidence as it was obtained through illegal search and seizure. The only question here is whether there was in fact a search and seizure.

At approximately...

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