UNITED STATES v. HARBIN


27 F.2d 892 (1928)

UNITED STATES v. HARBIN.

District Court, N. D. Mississippi, W. D.

August 22, 1928.


Attorney(s) appearing for the Case

J. H. Cook, U. S. Atty., of Clarksdale, Miss., and Lester G. Fant, Asst. U. S. Atty., of Holly Springs, Miss.

G. Edward Williams, of Clarksdale, Miss., for defendant.


HOLMES, District Judge.

The indictment in this case contains two counts, the first for unlawfully possessing, and the second for unlawfully selling, intoxicating liquors. The defendant moves "to quash the search warrant herein, together with the indictment, and to suppress the evidence," because the search warrant was issued (1) on Sunday and (2) without probable cause.

The argument is made with emphasis that the finding by a United States commissioner of...

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