Fred Thomas Mills v. United States

Fourth Circuit

Fred Thomas Mills v. United States

251 F.2d 464, 1958 U.S. App. LEXIS 3577

CourtCourt of Appeals for the Fourth Circuit

DecidedJanuary 22, 1958

Docket7593

StatusPublished

This text of 251 F.2d 464 (Fred Thomas Mills v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fred Thomas Mills v. United States, 251 F.2d 464, 1958 U.S. App. LEXIS 3577 (4th Cir. 1958).

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Opinion

PER CURIAM.

This is an appeal in a criminal case in which appellant was convicted of removal, concealment and possession of nontax-paid liquor in violation of the Internal Revenue Laws. There was abundant evidence of circumstances showing-beyond doubt that appellant was guilty of the crime charged. He complains that evidence was admitted to the effect that a glass jar in his possession contained liquor and that this was discovered as. the result of an unlawful search of his. person. It appears, however, that the search, if it can be called a search, was-perfectly lawful as it was incident.to a *465 lawful arrest made by officers who had reasonable ground from what they themselves had observed to believe that a felony was being committed by appellant in their presence. He complains, also, of comments made by the judge with respect to this evidence; but no exception was taken to them and they could not have affected the result of the trial. Appellant was clearly guilty of the crime charged and was properly tried and convicted.

Affirmed.

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PER CURIAM.

This is an appeal in a criminal case in which appellant was convicted of removal, concealment and possession of nontax-paid liquor in violation of the Internal Revenue Laws. There was abundant evidence of circumstances showing-beyond doubt that appellant was guilty of the crime charged. He complains that evidence was admitted to the effect that a glass jar in his possession contained liquor and that this was discovered as. the result of an unlawful search of his. person. It appears, however, that the search, if it can be called a search, was-perfectly lawful as it was incident.to a *465 lawful arrest made by officers who had reasonable ground from what they themselves had observed to believe that a felony was being committed by appellant in their presence. He complains, also, of comments made by the judge with respect to this evidence; but no exception was taken to them and they could not have affected the result of the trial. Appellant was clearly guilty of the crime charged and was properly tried and convicted.

Affirmed.

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Bluebook (online)

251 F.2d 464, 1958 U.S. App. LEXIS 3577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fred-thomas-mills-v-united-states-ca4-1958.