UNITED STATES v. CUMMINGS

No. 74-1352.

507 F.2d 324 (1974)

UNITED STATES of America, Appellee, v. Elmer CUMMINGS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 20, 1974.

Rehearing Denied December 18, 1974.


Attorney(s) appearing for the Case

Michael F. Pieplow, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellant.

Larry Von Wald, Asst. U. S. Atty., Sioux Falls, S. D., for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.


ROSS, Circuit Judge.

After a trial to the court, Elmer Cummings was convicted of two counts of knowing interstate transportation of gambling devices in violation of 15 U.S.C. § 1172. He appeals, alleging that the trial court erred in not suppressing certain evidence which had been seized pursuant to a search warrant; in finding sufficient evidence to show a knowing violation; in granting a continuance to allow the government to put on certain rebuttal testimony...

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