HOWARD v. UNITED STATES

No. 6939.

306 F.2d 392 (1962)

John HOWARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

July 5, 1962.


Attorney(s) appearing for the Case

Oscar H. Beasley of Ertz, Beasley & Colberg, Albuquerque, N. M., for appellant.

John Quinn, U. S. Atty. (John A. Babington, Albuquerque, was with him on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellant was convicted below for failure to pay the annual tax required of persons engaged in receiving wagers under 26 U.S.C.A. §§ 4411, 4412 and 7262. The only question presented is the trial court's refusal to suppress certain evidence offered by the government and admitted during the trial.

The record discloses that appellant was arrested by Albuquerque city police on a street of that city, after some days of surveillance...

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