UNITED STATES v. MESSINA

No. 165.

36 F.2d 699 (1929)

UNITED STATES v. MESSINA et al.

Circuit Court of Appeals, Second Circuit.

December 2, 1929.


Attorney(s) appearing for the Case

Harold Turk, of Brooklyn, N. Y. (William Berg, of New York City, of counsel), for appellant.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The defendant appeals from the judgment of conviction on the ground that (1) the evidence introduced by the government was obtained as a result of an illegal search; (2) there was no evidence that Messina was in possession, custody or control of the still; (3) the charge of the trial judge was erroneous and prejudicial.

There was evidence indicating that the officers went to the place because...

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