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UNITED STATES v. GAITAN

Nos. 5943-B, 6668-B.

4 F.2d 848 (1925)

UNITED STATES v. GAITAN et al. SAME v. COLLURA et al.

District Court, S. D. California, S. D.

Attorney(s) appearing for the Case

Joseph C. Burke, U. S. Atty., and Russell Graham, Asst. U. S. Atty., both of Los Angeles, Cal.

Henry C. Huntington, of Los Angeles, Cal., for defendants Gaitan and Montes.

Wallace W. Davis, and Frank M. Davis, both of Los Angeles, Cal., for defendants Collura.

BLEDSOE, District Judge (after stating the facts as above).

The principal contention of defendants in each case is based upon the fact, apparently uncontroverted, that the premises searched were occupied as the private dwelling of the respective defendants, and that in virtue of section 25, tit. 2, of the National Prohibition Law (Comp. St. Ann. Supp. 1923, § 10138½m), "no search warrant shall issue to search any private dwelling occupied as such unless...

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