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UNITED STATES v. COBB

No. 13725.

432 F.2d 716 (1970)

UNITED STATES of America, Appellee, v. James Luther COBB, Sr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1970.

Attorney(s) appearing for the Case

Norman B. Kellum, Jr., Beaman & Kellum, New Bern, N. C., for appellant.

Richard J. Bryan, Asst. U. S. Atty. (Warren H. Coolidge, U. S. Atty. on brief), Raleigh, N. C. for appellee.

Before BRYAN and CRAVEN, Circuit Judges, and RUSSELL, District Judge.

DONALD RUSSELL, District Judge:

Convicted of a violation of Section 5604, 26 U.S.C. (i. e., transportation and possession of untaxed distilled spirits), the defendant appeals, assigning error in the District Court in failing to sustain his motion to suppress evidence.

The facts, so far as pertinent to the motion to suppress, are undisputed. Two State Alcoholic Beverage Control Agents observed the defendant drive a car registered in the name of Robert T. McKnight...

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