UNITED STATES v. McCOY

No. 74-2292.

516 F.2d 882 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert McCOY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

May 30, 1975.


Attorney(s) appearing for the Case

Alva A. Hollon, Hollon & Hollon, Hazard, Ky., for defendant-appellant.

Eugene E. Siler, U. S. Atty., John M. Compton, James F. Cook, Asst. U. S. Attys., Lexington, Ky., for plaintiff-appellee.

Before WEICK, McCREE and MILLER, Circuit Judges.


McCREE, Circuit Judge.

This is an appeal from a jury conviction of possession of distilled spirits in violation of 26 U.S.C. § 5604(a)(1) (possession of moonshine whiskey).

On September 7, 1973, pursuant to the authority of a warrant issued to search for illegal beer, Kentucky State Police officers entered a structure containing a country store and a residence where appellant and his family lived. The building was located in Leslie County, Kentucky, which...

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