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LAFAZIA v. UNITED STATES

No. 1737.

4 F.2d 817 (1925)

LAFAZIA et al. v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

April 14, 1925.

Attorney(s) appearing for the Case

U. Pettine, of Providence, R. I. (Benjamin Cianciarulo, of Providence, R. I., on the brief), for plaintiff in error.

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

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

JOHNSON, Circuit Judge.

The plaintiffs in error were each convicted in the District Court for the District of Rhode Island of the unlawful possession and transportation of intoxicating liquor. They offered no evidence, and at the close of the testimony for the United States moved for a directed verdict, on the grounds that the officer making the search and seizure had no warrant and no reasonable or probable cause to make the search and seizure. The denial of this...

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