IN RE KIPS BAY BREWING & MALTING CO.


29 F.2d 836 (1928)

In re KIPS BAY BREWING & MALTING CO. UNITED STATES v. KIPS BAY BREWING & MALTING CO.

District Court, S. D. New York.

September 19, 1928.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (James Hendrick Terry and Robert B. Watts, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Sanford H. Cohen, of New York City (John M. Cashin and George Cohen, both of New York City, of counsel), for defendant.


FRANK J. COLEMAN, District Judge.

This motion for the return of certain intoxicating liquor and for the suppression of evidence is denied. I believe the commissioner erred in vacating the search warrant. The papers upon which it was granted are not perfect, but they are ample to show probable cause. The certificate of the government's official chemist should have been verified, but the verification would have added practically...

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