United States v. Donald Leroy Plemmons

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 and placed defendant on probation for a period of three years, the period of probation to be consecutive with the term of…