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SMITH v. UNITED STATES

No. 2267.

2 F.2d 715 (1924)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 29, 1924.

Attorney(s) appearing for the Case

Stanyarne Wilson, of Spartanburg, S. C. (Wilson & Wilson, of Rock Hill, S. C., on the brief), for plaintiff in error.

Joseph A. Tolbert, U. S. Atty., of Greenville, S. C. (J. E. Marshall, Asst. U. S. Atty., of Washington, D. C., on the brief), for the United States.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

PER CURIAM.

Defendant was convicted on an indictment containing two counts — the first charging unlawful possession, and the second unlawful transportation of "certain intoxicating liquors, to wit, 216 bottles of ginger, fit for use for beverage purposes." On the night of January 27, 1924, a deputy United States marshal and a state constable, under authority of a search warrant, searched the store and outbuildings on the premises known as the Porter place....

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