UNITED STATES v. SUMMERVILLE

No. 72-3789 Summary Calendar.

477 F.2d 393 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Joe SUMMERVILLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 17, 1973.


Attorney(s) appearing for the Case

William P. Johnson, Carrollton, Ga., for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., P. Bruce Kirwan, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.


PER CURIAM:

Joe Summerville, his wife Evelyn Lue Summerville, and their daughter, Betty Lue, were convicted by a jury of possessing and transporting 105 gallons of nontaxpaid whiskey in violation of 26 U.S.C.A. § 5604(a)(1). Joe Summerville appeals his sentence of two years in the custody of the Attorney General on two grounds: (i) that the whiskey was discovered through an illegal search and the evidence produced by it should have been suppressed and (ii) that...

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