UNITED STATES v. PLEMMONS

No. 15726.

336 F.2d 731 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Leroy PLEMMONS, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 30, 1964.


Attorney(s) appearing for the Case

William K. Hoskins, Cincinnati, Ohio (Court appointed), for appellant.

William E. Bowman, Asst. U. S. Atty., Knoxville, Tenn., for appellee.

John H. Reddy, U. S. Atty., Knoxville, Tenn., on the brief.

Before PHILLIPS and EDWARDS, Circuit Judges, and FOX, District Judge.


HARRY PHILLIPS, Circuit Judge.

The single question presented on this appeal is the sufficiency of the affidavit upon which a "John Doe" nighttime search warrant was issued in a moonshine liquor case. Defendant waived trial by jury. The District Judge found him guilty of all five counts of an indictment charging violations of a number of provisions of the Internal Revenue Code, sentenced him to one year on the third count, suspended sentence on the remaining four counts...

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