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BRAZZELL v. UNITED STATES

No. 22669.

363 F.2d 374 (1966)

James Milford BRAZZELL, Israel Seawood, Luther Lee Smith, Theodore Roosevelt Goggins, Acordy St. Clair Rimes and Ida Marie Sharpe, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 13, 1966.

Attorney(s) appearing for the Case

William W. Judge, Daytona Beach, Fla., for appellants.

James H. Walsh, Bernard Nachman, Asst. U. S. Attys., Jacksonville, Fla., for appellee.

Before WISDOM and THORNBERRY, Circuit Judges, and COX, District Judge.

PER CURIAM:

The appellants were convicted by the Court without the intervention of a jury of engaging in the business1 of accepting wagers and conspiring to evade the Federal tax on such business and were sentenced to one year and a day. The officers had a writ for the arrest of two of the appellants (Smith and Seawood). They likewise had a search warrant for the search of the premises at 715 Palmetto Street in Eustis, Florida, when Smith...

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