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IN RE HOLLYWOOD CABARET

Nos. 57, 58.

5 F.2d 651 (1924)

In re HOLLYWOOD CABARET. In re SILVER SLIPPER CABARET.

Circuit Court of Appeals, Second Circuit.

On Reargument, March 2, 1925.

Attorney(s) appearing for the Case

M. Michael Edelstein, of New York City, for plaintiffs in error.

William Hayward, U. S. Atty., of New York City (Elmer H. Lemon, Sp. Asst. U. S. Atty., of Middletown, N. Y., of counsel), for the United States.

Before ROGERS, Circuit Judge, and LEARNED HAND and AUGUSTUS N. HAND, District Judges.

AUGUSTUS N. HAND, District Judge (after stating the facts as above).

The search warrants are first attacked on the ground that the possession of liquor in violation of the National Prohibition Act is only a misdemeanor punishable by a fine of not more than $500, and that a search warrant cannot issue in cases other than felonies. We find no sound basis for such a contention. Section 25, tit. 2, of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138...

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