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UNITED STATES v. HALEY

No. 15325.

321 F.2d 956 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. Foster William HALEY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

August 30, 1963.

Attorney(s) appearing for the Case

John F. Dugger, Morristown, Tenn., for appellant.

Charles G. Heyd, Asst. U. S. Atty., Cincinnati, Ohio, for appellee, Joseph P. Kinneary, U. S. Atty., Cincinnati, Ohio, on the brief.

Before CECIL, Chief Judge, and MILLER and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

Appellant, Foster William Haley, was indicted in a one-count indictment for the possession and transportation of 116½ gallons of whiskey in unstamped containers, in violation of Sections 5205 (a) (2) and 5604(a) (1), Title 26 U.S.C. He waived trial by jury, was found guilty and received a sentence of two years.

Prior to the trial appellant moved to suppress the evidence, consisting of 116½ gallons of whiskey and the immediate...

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