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CALI v. UNITED STATES

No. 6309.

338 F.2d 974 (1964)

Phillip M. CALI, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

December 8, 1964.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., was on brief, for appellant.

William J. Koen, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

After a jury waived trial the appellant was found guilty and sentenced for receiving and possessing whiskey valued in excess of $100 knowing the same to have been stolen from an interstate shipment of freight in violation of Title 18 U.S.C. § 659. The only issue on this appeal is whether there was probable cause for the appellant's arrest which led up to the search that produced the evidence on which his conviction rests. A timely motion...

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