HERNANDEZ v. UNITED STATES

No. 4907.

17 F.2d 373 (1927)

HERNANDEZ v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 31, 1927.


Attorney(s) appearing for the Case

Kenneth C. Gillis, of Oakland, Cal., for plaintiff in error.

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

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


GILBERT, Circuit Judge.

The plaintiff in error was sentenced to imprisonment for a term of ten years upon his conviction had under two counts of an indictment, charging him, respectively, with violation of the Harrison Narcotic Act and the Jones-Miller Narcotic Act. Upon the writ of error the single question is presented whether the evidence obtained upon the search of the person of the defendant should have been excluded, timely application having been made for its...

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