HARDWIG v. UNITED STATES

No. 5060.

23 F.2d 922 (1928)

HARDWIG v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

February 9, 1928.


Attorney(s) appearing for the Case

Henry A. Pollack, of Cleveland, Ohio (Mooney, McCormack, Roth & Pollack, of Cleveland, Ohio, on the brief), for plaintiff in error.

John B. Osmun, Asst. U. S. Atty., of Cleveland, Ohio.

Before DENISON and MOORMAN, Circuit Judges, and TUTTLE, District Judge.


PER CURIAM.

The record presents two questions. The first is whether a still, with supplies, equipment, and about 30 gallons of whisky, found by a searching party of federal officers, was admissible in evidence against plaintiff in error, Hardwig. Hardwig was lessee of his dwelling, but had sublet the second floor of it to an Italian. All of the evidence objected to was found in that part of the building occupied by the Italian.

Hardwig had no right to object...

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