SMITH v. UNITED STATES

No. 16020.

264 F.2d 469 (1959)

Milton Eldo SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

March 4, 1959.


Attorney(s) appearing for the Case

Irvine E. Ungerman, Tulsa, Okl. (Manuel Grabel, Maynard I. Ungerman, William Leiter and R. James Unruh, Tulsa, Okl., on the brief), for appellant.

O. J. Taylor, Asst. U. S. Atty., Kansas City, Mo. (Edward L. Scheufler, U. S. Atty., Kansas City, Mo., on the brief), for appellee.

Before JOHNSEN, VAN OOSTERHOUT and MATTHES, Circuit Judges.


JOHNSEN, Circuit Judge.

Appellant was convicted, on a jury-waived trial, of having unlawfully attempted to transport intoxicating liquor into the "dry" State of Oklahoma, in violation of 18 U.S.C. § 1262. He was given a prison sentence of four months and a fine of $250.

His appeal presents the single question of whether the trial court erred in holding the search and seizure made against him to be legal, and in overruling on this basis his motion to suppress...

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