LOCKHART v. UNITED STATES

No. 5788.

35 F.2d 905 (1929)

LOCKHART v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 17, 1929.


Attorney(s) appearing for the Case

Ervin F. Dailey, of Seattle, Wash. (Arthur E. Simon, of Seattle, Wash., of counsel), for appellant.

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

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


RUDKIN, Circuit Judge.

This is an appeal from a judgment of conviction under two counts of an information — the first charging the unlawful possession of intoxicating liquor; the second, the maintenance of a common nuisance. The undisputed facts are as follows: Four prohibition agents searched the private dwelling of the appellant without a search warrant, and found therein, and in the basement underneath, 15 gallons of alcohol, 3 gallons of gin, 17 quarts...

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