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HERTER v. UNITED STATES

No. 5395.

27 F.2d 521 (1928)

HERTER v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 18, 1928.

Attorney(s) appearing for the Case

Lester H. Loble and Hugh R. Adair, both of Helena, Mont., for plaintiff in error.

Wellington D. Rankin, U. S. Atty., of Helena, Mont., and John Collins, Asst. U. S. Atty., of Dillon, Mont.

Before GILBERT, RUDKIN, DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

The legality of a search of a private dwelling without a search warrant is the only question presented for decision. It was conceded on the argument that the search was unlawful, unless the plaintiff in error waived his constitutional rights by consenting thereto, and this is manifestly true. Cola v. U. S. (C. C. A.) 22 F.2d 742, and cases there cited. The only testimony bearing on the question of consent was...

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