MANUCY v. UNITED STATES

No. 17659.

272 F.2d 201 (1959)

Halsted Richard MANUCY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 1, 1959.


Attorney(s) appearing for the Case

James L. Elston, Thomas A. Larkin, Jacksonville, Fla., Larkin, Lewis & Decker, Jacksonville, Fla., for appellant.

John L. Briggs, Asst. U. S. Atty., E. Coleman Madsen, Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., Southern District of Florida, John E. Palmer, Asst. U. S. Atty., Southern District of Florida, Jacksonville, Fla., for appellee.

Before HUTCHESON, TUTTLE and WISDOM, Circuit Judges.


TUTTLE, Circuit Judge.

This appeal from conviction on a four-count illegal whiskey indictment raises only the question of the legality of a search of the appellant's automobile and his person and whether there was sufficient evidence to sustain the conviction. The legality of the search depends upon whether there was a legal arrest of Manucy.

The events leading up to the arrest were not in dispute. On or about February 15, 1956, federal agents discovered an...

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