UNITED STATES v. SWIHART

No. 76-2357.

554 F.2d 264 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Richard L. SWIHART, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 27, 1977.


Attorney(s) appearing for the Case

Frederick M. Coleman, U. S. Atty., James D. Jensen, Toledo, Ohio, for plaintiff-appellant.

Harland M. Britz, Britz & Zemmelman, Toledo, Ohio (Court-appointed), for defendant-appellee.

Before PHILLIPS, Chief Judge, and WEICK and EDWARDS, Circuit Judges.


WEICK, Circuit Judge.

The Government has appealed from an order of the District Court granting appellee Swihart's motion to suppress evidence seized pursuant to a search warrant issued by a United States Magistrate. The evidence suppressed was a large quantity of Dupont smokeless gun powder. Its seizure resulted in an indictment charging Swihart in six separate counts of a twenty-six count indictment, which indictment also charged three other persons with similar...

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