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ALVAU v. UNITED STATES

No. 5746.

33 F.2d 467 (1929)

ALVAU et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 15, 1929.

Attorney(s) appearing for the Case

Edward H. Chavelle, of Seattle, Wash., for appellants.

Anthony Savage, U. S. Atty., and Tom De Wolfe, Asst. U. S. Atty., both of Seattle, Wash.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

Suspecting that intoxicating liquor was being manufactured by the appellant Alvau, three prohibition agents, without a search warrant, went to his residence, in the country some distance from Tacoma, about 3 o'clock at night. Four hundred or five hundred yards from the house they detected the odor of fermenting mash, which grew stronger as they approached, and when they came near the house they also smelled hot or burning kerosene. In the...

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