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ROSENCRANZ v. UNITED STATES

Nos. 6594, 6611.

356 F.2d 310 (1966)

Samuel ROSENCRANZ, Defendant, Appellant, v. UNITED STATES of America, Appellee. Anthony DiPIETRO, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided February 7, 1966.

Attorney(s) appearing for the Case

Joseph J. Balliro, Boston, Mass., for appellant Samuel Rosencranz.

Casper Tevanian, Portland, Me., for appellant Anthony DiPietro.

William E. McKinley, U. S. Atty., with whom David G. Roberts, Asst. U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

These appeals arise from the joint trial and conviction of two alleged conspirators indicted for the operation of an illegal still in violation of federal internal revenue laws. The critical issue is whether there was probable cause to issue a search warrant.

I

On March 24, 1962, prior to 3 a. m., Richard K. Weller, Investigator-in-Charge of a branch office of the Alcohol Tax Division...

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