GARDNER v. UNITED STATES

No. 22888.

415 F.2d 1139 (1969)

William Clinton GARDNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 3, 1969.


Attorney(s) appearing for the Case

Arthur Mabry (argued), Los Angeles, Cal., for appellant.

Edward B. Frank (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., Howard B. Frank, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges, and SMITH, District Judge.


PER CURIAM:

The judgment of conviction is affirmed.

The point on the method of search and seizure under a search warrant was not made before trial as required by Rule 41 (e) Fed.R.Crim.P. Late in the trial an issue of probable cause was tendered on the search warrant. Thus, the Government was not obligated to meet a challenge that was never made, i. e., method.

There were convictions on five counts. The sentences were wholly concurrent. On count, four...

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