HENDERSON v. UNITED STATES

No. 26254.

405 F.2d 874 (1968)

Edward Louis HENDERSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 22, 1969.


Attorney(s) appearing for the Case

B. Clarence Mayfield, Savannah, Ga., for appellant.

Floyd Buford, U. S. Atty., D. L. Rampey, Jr., Asst. U. S. Atty., Macon, Ga., for appellee.

Before THORNBERRY and AINSWORTH, Circuit Judges, and DAWKINS, District Judge.


PER CURIAM:

Appellant Edward Louis Henderson was convicted on charges of violating 26 U.S.C. § 5205(a) (2) and § 5604(a). The trial court admitted into evidence non-tax-paid whiskey seized by the arresting officers, acting without a search warrant, in appellant's backyard. In this appeal, appellant maintains that the evidence was seized in violation of his Fourth Amendment rights and that the district court erred in denying his motion to suppress.

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