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UNITED STATES v. DUNCAN

No. 27131.

420 F.2d 328 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Irby Frank DUNCAN, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

January 8, 1970.

Attorney(s) appearing for the Case

Thomas M. Hendricks, Jr., Joe R. Odom, Gerald Adams, Meridian, Miss., for defendant-appellant.

Robert E. Hauberg, U. S. Atty., Southern District of Mississippi, E. Donald Strange, Joseph E. Brown, Jr., Asst. U. S. Attys., Jackson, Miss., for plaintiff-appellee.

Before RIVES, BELL and DYER, Circuit Judges.

RIVES, Circuit Judge.

Irby Frank Duncan resided with his wife and children in the Lost Gap section of Lauderdale County, Mississippi, about 2½ or 3 miles west of the Meridian City limits and across the road from the Lost Gap Church. Charles Moseley, a Special Investigator for the Alcohol and Tobacco Tax Division of the Treasury Department (hereafter ATU), testified that, "based on information which I had received from...

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