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UNITED STATES v. KIDD

No. 18465.

407 F.2d 1316 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest KIDD, Jr., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

February 25, 1969.

Attorney(s) appearing for the Case

Charles W. Martin, Oneida, Tenn., for appellant.

G. Wix Unthank, Asst. U. S. Atty., Lexington, Ky., for appellee; George I. Cline, U. S. Atty., Lexington, Ky., on brief.

Before EDWARDS, McCREE, and COMBS, Circuit Judges.

McCREE, Circuit Judge.

Appellant was convicted of possessing "moonshine" whiskey in violation of § 5061 of the Internal Revenue Code of 1954 and sentenced to a term of three years in prison. The sole question on appeal is the sufficiency of an affidavit used to obtain a search warrant, the execution of which resulted in the discovery of twenty-eight gallons of whiskey on appellant's premises.

The affidavit in...

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