No. 19792.

315 F.2d 67 (1963)

W. T. HAGANS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 22, 1963.

Attorney(s) appearing for the Case

J. Sewell Elliott, Macon, Ga., for appellant.

Truett Smith, Asst. U. S. Atty., Wilbur D. Owens, Jr., Asst. U. S. Atty., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before JONES and BELL, Circuit Judges, and GROOMS, District Judge.

GROOMS, District Judge.

Appellant Hagans was tried on a ten-count indictment which charged him with the possession, transportation and selling of nontax-paid whisky on March 1, 5 and 8, 1961, and with possession only on April 25, 1961, in violation of Title 26 U.S.C. §§ 5205(a) (2) and 5604(a).

Appellant made a timely motion to suppress as evidence against him the 206 gallons of whisky seized on April 25, 1961, and the subject matter of count ten...

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