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UNITED STATES v. COTHREN

No. 11452.

386 F.2d 364 (1967)

UNITED STATES of America, Appellee, v. Carl Dean COTHREN, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1967.

Certiorari Denied March 4, 1968.

Attorney(s) appearing for the Case

John E. Hall, North Wilkesboro, N. C., and T. R. Bryan, Wilkesboro, N. C. (McElwee & Hall, North Wilkesboro, N. C., on brief), for appellant.

William H. Murdock, U. S. Atty. (H. Marshall Simpson, Asst. U. S. Atty., on brief), for appellee.

Before BOREMAN, CRAVEN and BUTZNER, Circuit Judges.

Certiorari Denied March 4, 1968. See 88 S.Ct. 1038.

BOREMAN, Circuit Judge:

Carl Dean Cothren was tried before the court without a jury and convicted on both counts of a two-count indictment charging him with removing, concealing, and possessing non-tax paid whiskey in violation of 26 U.S.C. §§ 5205(a) (2), 5601(a) (12) and 5604(a) (1). On appeal, he challenges the legality of his arrest and the subsequent search for and seizure of the contraband...

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