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UNITED STATES v. NEWSOME

No. 29773 Summary Calendar.

432 F.2d 51 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. James NEWSOME and Mattie Ruth Bowens, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 30, 1970.

Attorney(s) appearing for the Case

Floyd M. Buford (court-appointed), Macon, Ga., for defendants-appellants.

William J. Schloth, U. S. Atty., D. L. Rampey, Jr., Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellants James Newsome and Mattie Ruth Bowens, having waived jury trial, were tried by the court and convicted of possessing and transporting nontaxpaid whiskey, in violation of 26 U.S.C. §§ 5205(a) (2) and 5604(a). We affirm. Appellants' contentions are twofold: (1) The warrantless arrest was without probable cause, and the whiskey seized as a result of the consequent alleged illegal search of their vehicle should have been suppressed...

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