GALLAGHER v. UNITED STATES

No. 129.

6 F.2d 758 (1925)

GALLAGHER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 16, 1925.


Attorney(s) appearing for the Case

Edward W. McDonald, of New York City (Ezra P. Prentice and Maitland Dwight, both of New York City, of counsel), for plaintiff in error.

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

Before ROGERS, HOUGH, and HAND, Circuit Judges.


HAND, Circuit Judge.

On April 3, 1923, the District Court issued a search warrant to enter the premises then alleged to be occupied by the "Old Dominion Warehouse, Inc.," a New York corporation, and there to seize "certain intoxicating liquor," described no further. The warrant was issued on an affidavit by one Grill, who swore that on March 29, 1923, he saw a truck on which were loaded "10 or 12" barrels of intoxicating liquor, and which drove into the premises occupied...

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