BIONDO v. UNITED STATES

No. 17824.

348 F.2d 272 (1965)

Dominic BIONDO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

July 20, 1965.


Attorney(s) appearing for the Case

Emanuel Shapiro, St. Louis, Mo., made argument and filed brief with Morris A. Shenker, St. Louis, Mo., for appellant.

Robert J. Koster, Asst. U. S. Atty., St. Louis, Mo., made argument for appellee and filed brief with Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.


MEHAFFY, Circuit Judge.

The principal question defendant Dominic Biondo raises in appealing his conviction for knowingly accepting wagers as a bookmaker without payment of the requisite federal tax in violation of 26 U.S.C.A. § 7262 is whether under the Fourth Amendment, the United States Commissioner who issued the search warrant which led to his arrest acted upon sufficient evidence of probable cause that the premises searched contained property for commission...

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