NICHOLS v. UNITED STATES

No. 13990.

276 F.2d 147 (1960)

William H. NICHOLS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

April 4, 1960.


Attorney(s) appearing for the Case

Z. T. Osborn, Jr., Nashville, Tenn., for appellant.

Beverly M. Medley, Asst. U. S. Atty., Nashville, Tenn., for appellee, Fred Elledge, Jr., U. S. Atty., Nashville, Tenn., on the brief.

Before SIMONS, Senior Judge, POPE, Circuit Judge, and O'SULLIVAN, District Judge.


SIMONS, Senior Judge.

The appellant was tried and convicted for unlawful possession of untaxed whiskey in violation of Tit. 26 U.S.C.A. § 5008 (b). His complaint is that there was no substantial evidence to support the conviction and that public policy, as declared by the Fourth Amendment, was offended by use of testimony from a witness who had been beaten up by the police. The pertinent facts follow.

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