UNITED STATES v. RHODES

No. 76-1466.

556 F.2d 599 (1977)

UNITED STATES of America, Appellee, v. Ralph RHODES and Sherman RHODES, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 8, 1977.


Attorney(s) appearing for the Case

Nancy Gertner, Boston, Mass., with whom Harvey A. Silverglate and Silverglate, Shapiro & Gertner, Boston, Mass., were on brief, for defendants, appellants.

Kenneth P. Nasif, Asst. U. S. Atty., Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.


ALDRICH, Senior Circuit Judge.

Defendants Rhodes, father and son, own and once operated a large produce farm in western Massachusetts. Because of illness of the father they discontinued this operation, but on October 15, 1975, entry having been obtained by a state warrant, they were discovered to have raised, instead eight tons of marihuana. A state prosecution was instituted, but was shortly dismissed when the warrant proved faulty.

A few days earlier, namely...

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