UNITED STATES v. HARRICK

No. 78-5009.

582 F.2d 329 (1978)

UNITED STATES of America, Appellant, v. Major J. HARRICK, Eddie Ahwash, Phillip Asseff, Joseph Andrew Sadd, Harry Edgar Whittington, George William McClaski, Henry Austin Drury, Fayes Howard Moses, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 7, 1978.


Attorney(s) appearing for the Case

Robert B. King, U. S. Atty., Charleston, W. Va. (James S. Arnold, Charleston, W. Va., Mary S. Feinberg, Asst. U. S. Attys., Roanoke, Va., on brief), for appellant.

James B. McIntyre, Charleston, W. Va., for appellees.

Before BUTZNER, RUSSELL and WIDENER, Circuit Judges.


BUTZNER, Circuit Judge:

The United States takes this interlocutory appeal as authorized by 18 U.S.C. § 3731 from the district court's pre-trial order suppressing evidence on the ground that the affidavit accompanying the application for a search warrant was insufficient to justify the magistrate's issuance of the warrant. We reverse.

I

The defendants were indicted on three counts relating to illegal gambling activities in violation of 18 U.S...

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