UNITED STATES v. BUSH

No. 13976.

283 F.2d 51 (1960)

UNITED STATES of America, Plaintiff-Appellant, v. James BUSH and Reva Finchum Bush, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

Rehearing Denied October 31, 1960.


Attorney(s) appearing for the Case

John F. Dugger, Asst. U. S. Atty., Knoxville, Tenn. (John C. Crawford, Jr., U. S. Atty. and James M. Meek, Asst. U. S. Atty., Knoxville, Tenn., on the brief), for appellant.

Hobart F. Atkins, Knoxville, Tenn., for appellees.

Before McALLISTER, Chief Judge, THORNTON and KENT, District Judges.


McALLISTER, Chief Judge.

The government appeals from an order of the District Court sustaining appellees' motion to suppress evidence, on the ground that it was illegally obtained, in a prosecution for possession and concealment of non-tax-paid whiskey, in violation of Title 26 U.S.C.A. § 5008(b), and § 5632.

The facts are as follows: On June 4, 1958, Raymond Hahn, a Federal Alcohol Tax Officer from Chattanooga, Tennessee, proceeded to a beer tavern...

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