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397 F.2d 375

Docket Nos. 12091, 12092.

United States v. Gregory

Fourth Circuit Court of Appeals

Argued May 10, 1968.

Decided June 17, 1968.

Certiorari Denied Oct. 14, 1968.

Fourth Circuit Court of Appeals · decided 1968-06-17

Cited by 8 later decisions — most recently July 1972

8 federal appellate ·

2 counsel of record

Applies 26 U.S.C. § 5601

Relies on Clinton Henderson v. A. L. Dutton, Warden, Georgia State Prison

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-06-17

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¶1See 89 S.Ct. 124.

¶2Richard G. Brydges, Virginia Beach, Va., (H. Calvin Spain, and Brydges, Broyles & McKenry, Virginia Beach, Va., on brief), for appellants.

¶3James A. Oast, Jr., Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

¶4Before BOREMAN, BRYAN and BUTZNER, Circuit Judges.

¶5PER CURIAM:

¶6The appellants, Charlie Graham Gregory and Paul Walter Pearce, assign the same trial error in their convictions for removing, concealing and possessing tax-unpaid distilled spirits, 26 U.S.C. §§ 5601 (a), 5205(a) (2) and 5604(a) (1): that is, the admission in evidence of the whiskey when without a search warrant it had been found and seized in an allegedly illegal search of the pickup truck occupied by the appellants on November 9, 1966 at Chesapeake, Virginia.

¶7Aided by his discussion of the circumstances of the search and the law on the subject, we think with the District Judge that there was probable cause for the search, and that the liquor was rightly received as proof of the crime. With its receipt, there was evidence aplenty to convict and we affirm the judgments of guilt.

¶8Affirmed.

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