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UNITED STATES v. DUNN

No. 8578.

31 F.2d 950 (1929)

UNITED STATES v. DUNN.

District Court, D. Massachusetts.

April 5, 1929.

Attorney(s) appearing for the Case

Frederick H. Tarr, U. S. Atty., and Elihu D. Stone, Asst. U. S. Atty., both of Boston, Mass.

Daniel A. Shea and John H. Higgins, Jr., both of Boston, Mass., for defendant.

MORTON, District Judge.

This is a motion to suppress evidence obtained under a search warrant. The ground for the motion is that the affidavit on which the warrant was issued stated that the affiant purchased at the place in question "one-half pint of distilled spirits." The point is whether "distilled spirits" signifies intoxicating liquor fit for beverage purposes within the meaning of the National Prohibition Act (27 USCA). In my opinion it does. These words occur...

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