UNITED STATES v. BLYTHE

No. 9040.

325 F.2d 96 (1963)

UNITED STATES of America, Appellee, v. William Redin BLYTHE and Margaret Elizabeth Wycoff, Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 14, 1963.


Attorney(s) appearing for the Case

Monroe M. Redden, Hendersonville, N. C. (W. Roy Francis, Waynesville, N. C., on the brief), for appellants.

William Medford, U. S. Atty., and Robert J. Robinson, Asst. U. S. Atty. (James O. Israel, Jr., Asst. U. S. Atty., on the brief), for appellee.

Before BOREMAN and BELL, Circuit Judges, and BUTZNER, District Judge.


PER CURIAM:

The defendants seek reversal of their conviction for the unlawful possession of nontaxpaid whiskey on the ground that the Trial Court erred in failing to grant their motion to suppress evidence seized from the car in which they were riding.

The case was first tried in May 1962, the jury failed to agree and the Court declared a mistrial. At that trial the arresting officer testified concerning the search and seizure.

At the second trial...

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