Benton v. United States

NORTHCOTT, Circuit Judge.

The appellant, hereinafter referred to as defendant, was convicted in May, 1933, in the District Court of the United States for the Middle District of North Carolina, at Wilkesboro, under an indictment charging him with violation of sections 3296 and 3450, R. S. U. S. (U. S. C., title 26, §§ 404, 1181, 1182 [26 USCA §§ 404,1181,1182). At the trial evidence secured under a search warrant was offered against the defendant, and in apt time a motion was made to quash the warrant and suppress the evidence secured by the search. This motion the court denied. Upon the…