Opinion
No. 25604.
December 10, 1968. Rehearing Denied January 17, 1969. Certiorari Denied April 1, 1969. See 89 S.Ct. 1274.
Guy B. Scott, Jr., Athens, Ga., for appellants.
Tyrus R. Atkinson, Jr., Asst. U.S. Atty., Floyd M. Buford, U.S. Atty., Macon, Ga., for appellee
Before JOHN R. BROWN, Chief Judge, TUTTLE, Circuit Judge, and FISHER, District Judge.
The defendants were convicted for carrying on the business of distillers of spirituous liquors without having given the required bond under 26 U.S.C. § 5173, 5601(a). The court below is charged with error in failing to grant a pre-trial motion to suppress evidence obtained through alleged improper search and seizure.
Appellants were three of five defendants convicted. Two defendants did not appeal.
We find the evidence to be more than sufficient to show probable cause to make the arrest of appellants and, further, none of the evidence was gained by an illegal search. Seay v. United States, 380 F.2d 358 (5th Cir. 1967).
Affirmed.