UNITED STATES v. BOYD

No. 18834.

422 F.2d 791 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Dale Acree BOYD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

March 4, 1970.


Attorney(s) appearing for the Case

Dale Quillen, Nashville, Tenn., for appellant.

Robert E. Lee, Asst. U. S. Atty., Nashville, Tenn., Gilbert S. Merritt, Jr., U. S. Atty., Nashville, Tenn., on brief, for appellee.

Before O'SULLIVAN, EDWARDS and PECK, Circuit Judges.


EDWARDS, Circuit Judge.

Appellant appeals from a two-count conviction for violating 26 U.S.C. § 5179(a) and § 5173 (1964) by possession of an unregistered distillery. Appellant had waived jury trial, and after denial of a motion to suppress the evidence, the case was submitted to a District Judge for the Middle District of Tennessee on stipulated facts. Conviction resulted in two one-year concurrent sentences.

The search of the house where the distillery...

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