UNITED STATES v. JOHNS

No. 27850.

421 F.2d 413 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Cleveland JOHNS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied April 20, 1970.


Attorney(s) appearing for the Case

Joseph H. Davis, Macon, Ga., for defendant-appellant.

Walker P. Johnson, Jr., U. S. Atty., D. L. Rampey, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before BELL, AINSWORTH and CARSWELL, Circuit Judges.


Certiorari Denied April 20, 1970. See 90 S.Ct. 1362.

AINSWORTH, Circuit Judge:

Cleveland Johns was convicted and sentenced for violation of 26 U.S.C. § 5686(a), relative to possession of property (sugar), knowing that it was intended to be used in the illicit liquor business. Prior to trial appellant moved to suppress the evidence on the basis that there was no probable cause to justify the seizure which was made without a search or arrest warrant. The...

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