EARL v. UNITED STATES

No. 4362.

4 F.2d 532 (1925)

EARL et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

March 23, 1925.


Attorney(s) appearing for the Case

J. L. Finch, of Seattle, Wash., for plaintiffs in error.

Thos. P. Revelle, U. S. Atty., and J. W. Hoar, Asst. U. S. Atty., both of Seattle, Wash., for the United States.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


GILBERT, Circuit Judge.

The writ of error here presents the question whether evidence relating to a large quantity of intoxicating liquor seized by federal prohibition agents was admitted in violation of the constitutional rights of the plaintiffs in error. The seizure was made under a search warrant, but the sustaining affidavit for the warrant was insufficient to justify its issuance.

We are of the opinion that, under the circumstances disclosed in the evidence...

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