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ATWELL v. UNITED STATES

No. 25113.

398 F.2d 507 (1968)

John William ATWELL and James O. McCurley, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

As Corrected July 29, 1968.

Attorney(s) appearing for the Case

Brooks Taylor, Crestview, Fla., William Guy Davis, Jr., Pensacola, Fla., for appellants.

C. W. Eggart, Jr., Asst. U. S. Atty., Pensacola, Fla., Stewart J. Carrough, Asst. U. S. Atty., Tallahassee, Fla., Clinton Ashmore, U. S. Atty., for appellee.

Before WISDOM and COLEMAN, Circuit Judges, and BOYLE, District Judge.

BOYLE, District Judge:

The appellants, jointly tried and found guilty by a jury of theft of Government property (wire for electricity transmission) of a value in excess of $100.00 (18 U.S.C. § 641), appeal their convictions, assigning as error the failure of the trial court

(1) To hold that the search of an automobile in which they were apprehended and the seizure therefrom of the property described in the indictment were illegal, (2) To exclude...

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