UNITED STATES v. NAPELA


28 F.2d 898 (1928)

UNITED STATES v. NAPELA.

District Court, N. D. New York.

September, 1928.


Attorney(s) appearing for the Case

Oliver D. Burden, U. S. Atty., and Dean P. Taylor, Asst. U. S. Atty., both of Syracuse, N. Y.

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


COOPER, District Judge.

The defendant seeks to review the action of United States Commissioner Hampton, of Utica, N. Y., in denying defendant's application to controvert the grounds on which the search warrant was issued under which intoxicating liquors were seized from the defendant's possession.

Upon affidavit laid before the commissioner he issued the search warrant in question. The return shows that, upon its execution by prohibition agents, certain intoxicating...

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