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UNITED STATES v. MULLIN

No. 9049.

329 F.2d 295 (1964)

UNITED STATES of America, Appellee, v. Grover Lee MULLIN and Stephen Parker Perry, Appellants.

United States Court of Appeals Fourth Circuit.

Decided March 10, 1964.

Attorney(s) appearing for the Case

Irvin B. Tucker, Jr., Raleigh, N. C. (Hill Yarborough, Louisburg, N. C., on brief), for appellants.

Alton T. Cummings, Asst. U. S. Atty. (Robert H. Cowen, U. S. Atty., on brief), for appellee.

Before BOREMAN and J. SPENCER BELL, Circuit Judges, and FIELD, District Judge.

J. SPENCER BELL, Circuit Judge:

Defendants Grover Lee Mullin and Stephen Parker Perry were tried and convicted for possessing non-taxpaid whiskey in violation of the Internal Revenue Code, 26 U.S.C. § 7206(4). Defendants appeal, assigning as error the failure of the district court to grant their motions to suppress evidence, alleged by them to have been illegally obtained. We reverse the judgment of the district court since in our view the arresting officer,...

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