WISDOM, Circuit Judge.
On January 15, 1958, an indictment was returned charging that in the Southern District of Florida, the appellant, William Arthur Manning, and Sally Gelston "did acquire and otherwise obtain" marihuana without having paid the transfer tax, in violation of 26 U.S.C.A. § 4744(a). Manning entered a plea of not guilty, moved to suppress certain evidence, and moved to dismiss the indictment. Both motions were denied. The cause went to trial....
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