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DULEK v. UNITED STATES

No. 4641.

16 F.2d 275 (1926)

DULEK v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 17, 1926.

Attorney(s) appearing for the Case

Michael J. Doyle, of Menominee, Mich., for plaintiff in error.

Edward J. Bowman, U. S. Atty., of Grand Rapids, Mich. (Howard A. Ellis, Asst. U. S. Atty., of Grand Rapids, Mich., and John Jones, Asst. U. S. Atty., of Ironwood, Mich., on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and HOUGH, District Judge.

PER CURIAM.

The facts that led up to the arrest and prosecution of plaintiff in error are as follows:

A federal prohibition agent, looking for violators of the Volstead Act (Comp. St. § 10138¼ et seq.), came upon a 40-acre farm of plaintiff in error. In his quest he came upon a shack or a cabin, located in a wooded swamp and not visible from outside the woods. He walked around in front, and looking through an open door saw a still and its appurtenances...

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