UNITED STATES v. PHILLIPS


34 F.2d 495 (1929)

UNITED STATES v. PHILLIPS.

District Court, N. D. New York.

September 18, 1929.


Attorney(s) appearing for the Case

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

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


COOPER, District Judge.

This is a motion to vacate a search warrant and suppress as evidence the intoxicating liquors seized thereunder. In his motion papers the defendant asserts that he is, and was at the times mentioned in the papers, the proprietor of the premises searched. He makes no allegation of ownership or of nonownership of the seized liquors, nor is there demand for their return to any person.

Upon the execution of the search warrant there were...

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