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POETTER v. UNITED STATES

No. 5588.

31 F.2d 438 (1929)

POETTER v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 22, 1929.

Attorney(s) appearing for the Case

Lester H. Loble and Hugh R. Adair, both of Helena, Mont., for appellant.

Wellington D. Rankin, U. S. Atty., of Helena, Mont., and Howard A. Johnson, Asst. U. S. Atty., of Butte, Mont.

Before RUDKIN and DEITRICH, Circuit Judges, and BEAN, District Judge.

BEAN, District Judge.

This is an appeal from judgment of conviction and sentence of the appellant for manufacture and possession of intoxicating liquor. It belongs to that class of cases which of recent years has incumbered the dockets of trial and appellate courts in which parties clearly guilty of violation of the Prohibition Law (27 USCA) endeavor to escape punishment because of an unlawful search and seizure by some government official. That defense was not successful...

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