UNITED STATES v. BERKENESS

No. 4901.

16 F.2d 115 (1926)

UNITED STATES v. BERKENESS.

Circuit Court of Appeals, Ninth Circuit.

November 15, 1926.


Attorney(s) appearing for the Case

Julien A. Hurley, U. S. Atty., and Earnest B. Collins, Asst. U. C. Atty., both of Fairbanks, Alaska.

Fred D. Crane, of Fairbanks, Alaska, for appellee.

Before GILBERT and RUDKIN, Circuit Judges, and JAMES, District Judge.


JAMES, District Judge.

This appeal, taken by the United States, presents the question as to whether a search warrant may be issued under the provisions of the Bone Dry Act (Comp. St. § 3643b et seq.), affecting only Alaska Territory, where the place to be searched is used as a dwelling, without a showing first made under oath that intoxicating liquor is being sold therein. The National Prohibition Act (section 25, title 2 [Comp. St. § 10138½m]) requires...

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