Hoke Booth, David Loyd Meadow, and William Smith, Appellants, v. United States of America, Appellee, 404 F.2d 1096 (5th Cir. 1969)

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US Court of Appeals for the Fifth Circuit - 404 F.2d 1096 (5th Cir. 1969) December 10, 1968
Rehearing Denied January 17, 1969
Certiorari Denied April 1, 1969
See 89 S. Ct. 1274

Guy B. Scott, Jr., Athens, Ga., for appellants.

Tyrus R. Atkinson, Jr., Asst. U. S. Atty., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee

Before JOHN R. BROWN, Chief Judge, TUTTLE, Circuit Judge, and FISHER, District Judge.


The defendants were convicted for carrying on the business of distillers of spirituous liquors without having given the required bond under 26 U.S.C. §§ 5173, 5601(a).1  The court below is charged with error in failing to grant a pre-trial motion to suppress evidence obtained through alleged improper search and seizure.

We find the evidence to be more than sufficient to show probable cause to make the arrest of appellants and, further, none of the evidence was gained by an illegal search. Seay v. United States, 380 F.2d 358 (5th Cir. 1967).



Appellants were three of five defendants convicted. Two defendants did not appeal