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UNITED STATES v. COSTNER

No. 10069.

153 F.2d 23 (1946)

UNITED STATES v. COSTNER.

Circuit Court of Appeals, Sixth Circuit.

January 28, 1946.

Attorney(s) appearing for the Case

James M. Meek, of Knoxville, Tenn. (J. B. Frazier, Jr., U. S. Atty., and James M. Meek, Asst. U. S. Atty., both of Knoxville Tenn., and Clarence W. Bralley, Asst. U. S. Atty., of Johnson City, Tenn., on the brief), for appellant.

Wilbur W. Piper, of Knoxville, Tenn. (Wilbur W. Piper and Hobart F. Atkins, both of Knoxville, Tenn., on the brief), for appellee.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.

HICKS, Circuit Judge.

Appellee was indicted for violations of Sections 2803(a) and 2913 of Title 26 U.S. C.A. Int.Rev.Code. The indictment in three counts charged him, respectively, (1) with transporting; (2) with possessing; and (3) with concealing, distilled spirits, the containers of which did not bear the requisite Internal Revenue stamps. He entered a plea of "not guilty."

Before the hearing appellee filed a motion to suppress the testimony of Smith and...

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