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MURBY v. UNITED STATES

No. 1758.

2 F.2d 56 (1924)

MURBY v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

November 6, 1924.

Attorney(s) appearing for the Case

Max Winograd, of Providence, R. I. (James A. Lee, of Providence, R. I., on the brief), for plaintiff in error.

Harold A. Andrews, Sp. Asst. U. S. Atty., of Providence, R. I. (Norman S. Case, U. S. Atty., of Providence, R. I., on the brief), for the United States.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

The defendant (plaintiff in error) was indicted on the 28th day of May, 1923, for unlawfully possessing certain intoxicating liquors containing one-half of 1 per cent. or more of alcohol by volume, second offense. He was found guilty and sentenced to pay a fine of $500, from which sentence this writ of error is prosecuted.

Prior to the trial he moved that the search warrant on which liquors were...

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