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UNITED STATES v. TATE

Crim. A. No. 1324.

209 F.Supp. 762 (1962)

UNITED STATES of America v. Walter David TATE.

United States District Court D. Delaware.

October 22, 1962.

Attorney(s) appearing for the Case

Stanley C. Lowicki, Asst. U. S. Atty., Wilmington, Del., for the United States.

Victor F. Battaglia (of Theisen & Lank), Wilmington, Del., for defendant.

LAYTON, District Judge.

The defendant was tried and convicted of the offense of possessing an altered (sawed-off) shotgun on which the federal tax had not been paid as required by 26 U.S.C. § 5821. After verdict, a timely motion for judgment of acquittal was made upon the ground that conviction was based on evidence obtained as the result of an illegal search and seizure contrary to the provisions of the Fourth Amendment...

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