Dennis Paul Lipton v. United States

Dennis Paul Lipton, appellant here, appeals from the judgment and sentence imposed by the Trial Court pursuant to his conviction by the Court sitting without a jury on the one-count indictment charging appellant under the Dyer Act with the unlawful transportation in interstate commerce of a 1951 Chevrolet automobile known to him to have been stolen.

In the Trial Court, the appellant upon his request was assigned counsel by the Court, was arraigned and pleaded not guilty, and through his counsel moved to suppress the evidence discovered by a city motorcycle patrolman respecting appellant’s possible violations at Bakersfield of California’s vehicular traffic laws, and leading to appellant’s arrests, first, for driving without a driver’s license, and second, for driving a stolen motor vehicle and finally to the charge in said indictment ' of his Dyer Act violation. The motion to suppress was denied by the Trial Court which set the case for jury trial, a jury trial was had, but a mistrial was ordered because the jury was unable to agree upon its verdict. Thereupon, the appellant waived jury trial and consented to trial before the Court without a jury, and at such non-jury trial the…