UNITED STATES v. STERLING

No. 15713.

369 F.2d 799 (1966)

UNITED STATES of America, Appellee, v. Ernest Earl STERLING, Appellant.

United States Court of Appeals Third Circuit.

Decided December 15, 1966.


Attorney(s) appearing for the Case

Martin M. Sheinman, Pittsburgh, Pa. (Morris, Safier & Teitelbaum, Pittsburgh, Pa., on the brief), for appellant.

James P. McKenna, Jr., Asst. U. S. Atty., Pittsburgh, Pa. (Gustave Diamond U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before FORMAN, FREEDMAN and SEITZ, Circuit Judges.


OPINION OF THE COURT

SEITZ, Circuit Judge.

The appellant ("defendant") was convicted by a jury of possessing distilled spirits without the required stamp, in violation of 26 U.S.C. § 5205(a) (2), and contrary to 26 U.S.C. § 5604(a) (1), and of assaulting an officer of the United States in violation of 18 U.S.C. § 111.

As stated in defendant's brief, "the basis for [the] appeal in this case is that [the] motion to suppress should have...

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