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GRIMES v. UNITED STATES

No. 24733.

391 F.2d 709 (1968)

Noah GRIMES and Thomas Pearson, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 12, 1968.

Attorney(s) appearing for the Case

W. O. Cooper, Jr., Macon, Ga., for appellants.

Samson L. Culpepper, Asst. U. S. Atty., Macon, Ga., Marshall Tamor Golding, Atty., Dept. of Justice, Floyd Buford, U. S. Atty., Walker Johnson, Asst. U. S. Atty., Fred M. Vinson, Jr., Asst. Atty. Gen., Washington, D. C., for appellee.

Before WISDOM, BELL and DYER, Circuit Judges.

PER CURIAM:

Appellants were convicted of possessing non-tax paid whiskey in violation of 26 U.S.C.A. §§ 5205(a) (2) and 5604(a). They contend that the whiskey was unconstitutionally seized and that the grand and petit juries which considered their cases were illegally constituted.

The whiskey was seized by federal agents without a search warrant. The dispute centers on the location of the whiskey. It was found in a wooded area on land owned by appellant...

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