UNITED STATES v. WHEELER

No. 12483.

256 F.2d 745 (1958)

UNITED STATES of America, Appellant, v. Maurice A. WHEELER, Appellee.

United States Court of Appeals Third Circuit.

Decided June 24, 1958.

Rehearing Denied August 8, 1958.


Attorney(s) appearing for the Case

Thomas J. Shannon, Ass't. U. S. Atty., Pittsburgh, Pa. (D. Malcolm Anderson, U. S. Atty., Pittsburgh, Pa., on the brief), for appellant.

Alexander Cooper, Pittsburgh, Pa. (Robert M. Taylor, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

This case raises a number of weighty questions, the only one of which we will have to decide is whether there are sufficient reasons for sustaining the granting of a motion upon the second rehearing thereof by a second judge of a district court after a first judge of the same court had already twice denied it.

The defendant was indicted on September 9, 1954 for evading 1950 income taxes. On October 18, 1954 he filed motions to suppress...

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