UNITED STATES v. SPEARS

No. 14341.

287 F.2d 7 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. James Stanley SPEARS, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

February 25, 1961.


Attorney(s) appearing for the Case

George D. Milliken, Jr., Bowling Green, Ky., for appellant.

Robert D. Simmons, Asst. U. S. Atty., Louisville, Ky., William B. Jones, U. S. Atty., Louisville, Ky., on brief for appellee.

Before McALLISTER, Chief Judge, and WEICK and O'SULLIVAN, Circuit Judges.


WEICK, Circuit Judge.

Appellant Spears was convicted by a jury in the District Court of forcibly breaking into a Post Office with intent to commit larceny and was sentenced to five years imprisonment. Title 18 U.S.C. § 2115. In his appeal, the only error complained of is an alleged unlawful search and seizure of his automobile from which evidence was obtained to convict him. A motion to suppress the evidence was timely made and denied by the District Judge. The...

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