McCARTHY v. UNITED STATES

No. 16021.

264 F.2d 473 (1959)

Harry Patrick McCARTHY, 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.

This case, like No. 16,020, Smith v. United States, 264 F.2d 469, decided concurrently herewith, involves the legality of a search and seizure, in its use to convict appellant, under 18 U.S.C. § 1262, of having unlawfully attempted to transport intoxicating liquor into the "dry" State of Oklahoma. The sufficiency of the evidence to support the conviction, if the search-and-seizure was valid, is not otherwise...

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