United States v. Elmer Cummings

ROSS, Circuit Judge.

After a trial to the court, Elmer Cummings was convicted of two counts of knowing interstate transportation of gambling devices in violation of 15 U.S. C. § 1172. He appeals, alleging that the trial court erred in not suppressing certain evidence which had been seized pursuant to a search warrant; in finding sufficient evidence to show a knowing violation; in granting a continuance to allow the government to put on certain rebuttal testimony and in not striking this testimony from the record. We affirm the conviction.

Cummings is a Sioux Falls, South Dakota, businessman who…