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MARSH v. UNITED STATES

No. 112.

29 F.2d 172 (1928)

MARSH v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 12, 1928.

Attorney(s) appearing for the Case

Irving K. Baxter, of Utica, N. Y., for appellant.

Richard H. Templeton, U. S. Atty., and Ralph A. Lehr, both of Buffalo, N. Y., for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

It was held in Carroll v. U. S., 267 U.S. 132, 45 S.Ct. 280, 69 L. Ed. 543, 39 A. L. R. 790, that the search of an automobile by prohibition officers under section 26 of the National Prohibition Law (27 USCA § 40) was independent of the power to arrest and might depend upon that section alone. Gambino v. U. S., 275...

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