UNITED STATES v. OLD DOMINION WAREHOUSE

No. 170.

10 F.2d 736 (1926)

UNITED STATES v. OLD DOMINION WAREHOUSE, Inc.

Circuit Court of Appeals, Second Circuit.

February 1, 1926.


Attorney(s) appearing for the Case

Emory R. Buckner, of New York City (John M. Harlan and Horace G. Hitchcock, both of New York City, of counsel), for the United States.

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

Before HOUGH, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge (after stating the facts as above).

The warrant recites that Grill's affidavit has shown that "certain intoxicating liquor" was in the warehouse, and directs him to search for "said liquor" and seize "the same." It seems to us that the warrant was limited to the 10 or 12 barrels which Grill saw to enter; in short, that it incorporated by reference the description in the affidavit. As it is conceded that the liquors seized were necessarily greater...

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