UNITED STATES v. HITTLE

No. 77-1129.

575 F.2d 799 (1978)

UNITED STATES of America, Appellant, v. Melvin E. HITTLE, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1978.

Rehearing Denied June 14, 1978.


Attorney(s) appearing for the Case

James P. Buchele, U. S. Atty., Topeka, Kan. (E. Edward Johnson, U. S. Atty., and Douglas B. Comer, Asst. U. S. Atty., Topeka, Kan., on the brief), for appellant.

David J. Phillips, Asst. Federal Public Defender, Topeka, Kan. (Leonard D. Munker, Federal Public Defender, and John O. Martin, Asst. Federal Public Defender, Kansas City, Kan., on the brief), for appellee.

Before SETH, Chief Judge, and McWILLIAMS and LOGAN, Circuit Judges.


SETH, Chief Judge.

The defendant, Melvin E. Hittle, is charged with a violation of 18 U.S.C. § 2314, interstate transportation of stolen property. This is an interlocutory appeal by the Government, pursuant to 18 U.S.C. § 3731, from an order of the United States District Court for the District of Kansas sustaining a defense motion to suppress evidence.

There are two primary issues on appeal. The first is whether the affidavit supporting the state...

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