UNITED STATES v. ONE 1956 2-DOOR CHEVROLET

Nos. 16183, 16184.

275 F.2d 240 (1960)

UNITED STATES of America, Appellant, v. ONE 1956 2-DOOR CHEVROLET, etc., Appellee. UNITED STATES of America, Appellant, v. ONE 1957 FORD, etc., et al., Appellees.

United States Court of Appeals Eighth Circuit.

February 24, 1960.


Attorney(s) appearing for the Case

Edward L. Scheufler, U. S. Atty., Joseph L. Flynn, Asst. U. S. Atty., Kansas City, Mo., for appellant.

Clifford H. Casey and William O. Russell, Joplin, Mo., for appellee, Bankers Investment Co.

Before JOHNSEN, Chief Judge, and SANBORN and VAN OOSTERHOUT, Circuit Judges.


JOHNSEN, Chief Judge.

One Hardesty and one Banfield had been charged, in the Western District of Missouri, with attemping to transport intoxicating liquor from Missouri to Oklahoma (then a "dry" State), in violation of 18 U.S.C. § 1262. On a trial without a jury, the court acquitted them of the charge, after suppressing as evidence the liquor involved, on the ground of illegal search and seizure.

The Government further had instituted forfeiture proceedings...

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