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UNITED STATES v. WUERSTLE

13 F.2d 952 (1926)

UNITED STATES v. WUERSTLE.

District Court, W. D. New York.

June 11, 1926.

Attorney(s) appearing for the Case

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Percy R. Smith, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for the United States.

Anthony Johnson, of Dunkirk, N. Y., for defendant.

HAZEL, District Judge.

1. The affidavit upon which the search warrant was issued sufficiently stated probable cause for its issuance. It was a sale of colored, distilled spirits, and presumably was intoxicating liquor within the definition embodied in section 1, tit. 2, of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138½), where intoxicating liquor is specifically referred to by name and the words, "and in addition thereto any spirituous...

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