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LONGMIRE v. UNITED STATES

No. 25437.

404 F.2d 326 (1968)

George Washington LONGMIRE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 24, 1969.

Attorney(s) appearing for the Case

Anthony Cicio, Graydon L. Newman, Jr., Birmingham, Ala., for appellant.

R. Macey Taylor, Melton L. Alexander, Asst. U. S. Attys., Birmingham, Ala., for appellee.

Before JOHN R. BROWN, Chief Judge, and RIVES and McENTEE, Circuit Judges.

PER CURIAM:

Defendant appeals from his conviction under 26 U.S.C. § 5205(a) (2) which prohibits the sale of nontaxpaid whiskey. On March 28, 1967, treasury agent McGinnis and one White, a paid government informer, drove to defendant's home with a view to purchasing some illicit whiskey. Before approaching the house McGinnis climbed into the trunk of the car which was fitted with a homemade periscope through which he could observe the interior and part of the...

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