Brubaker v. United States

SIMONS, Circuit Judge.

The appellant, and one, Lil Alfred Crawford, were indicted, convicted and sentenced for violation of the Dyer Act, 18 U.S.C.A. 408 [revised §§ 2311-2313], They were charged in count 1 of the indictment with the illegal transportation and in count 2 with the illegal receiving of a 1939 gray Chevrolet sedan. Both were acquitted under the first count and convicted under the second. Brubaker alone appeals.

The grounds urged for reversal are that the arrest of Brubaker without a warrant and the search of the car and his person were illegal; that reversible error was committed…