UNITED STATES v. DOSSI


12 F.2d 956 (1926)

UNITED STATES v. DOSSI.

District Court, W. D. New York.

February 10, 1926.


Attorney(s) appearing for the Case

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

Samuel M. Fleischman, of Buffalo, N. Y., for defendant.


HAZEL, District Judge.

By title 2, § 25 of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138½m) search warrants to search private dwellings, occupied as such, may only issue in case the dwelling is used for the unlawful sale of intoxicating liquor, or any part thereof used for some business purpose, such as a store, shop, saloon, restaurant, hotel, or boarding house, and by section 33 (section 10138½t) it is expressly declared that...

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