UNITED STATES v. MILLER

No. 16532.

395 F.2d 116 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Edwin MILLER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 26, 1968.


Attorney(s) appearing for the Case

William C. Erbecker, Indianapolis, Ind., for appellant.

K. Edwin Applegate, U. S. Atty., Edward J. Kelly, Daniel P. Byron, Asst. U. S. Attys., Indianapolis, Ind., for appellee.

Before DUFFY, Senior Circuit Judge and SCHNACKENBERG and CUMMINGS, Circuit Judges.


DUFFY, Senior Circuit Judge.

Defendant was charged in one count of an indictment with violation of Title 18 U.S.C. § 659, in that he had in his possession three color television sets and two R.C.A. speakers, knowing these chattels had been stolen while they were moving in an interstate shipment of freight and express.

Defendant filed a motion to suppress evidence based on his contention that the TV sets and speakers were seized in an unlawful search and...

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