Milton Eldo Smith v. United States

JOHNSEN, Circuit Judge.

Appellant was convicted, on a jury-waived trial, of having unlawfully attempted to transport intoxicating liquor into the “dry” State of Oklahoma, in violation of 18 U.S.C. § 1262. He was given a prison sentence of four months and a fine of $250.

His appeal presents the single question of whether the trial court erred in holding the search and seizure made against him to be legal, and in overruling on this basis his motion to suppress the evidence obtained thereby.

The search and seizure involved occurred on November 6, 1957, about 4 p. m., at a bridge, on a highway in…