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UNITED STATES v. SMITH

No. C-27797.

46 F.2d 82 (1930)

UNITED STATES v. SMITH et al.

District Court, E. D. New York.

December 22, 1930.

Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Emanuel Bublick, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for plaintiff.

Galitzka & Finkelstein, of New York City, for defendants.

BYERS, District Judge.

Motion to preclude the United States attorney from using as evidence intoxicating liquors seized in the home of the defendant Smith on October 2, 1930.

Three police officers called at the premises on the day in question, and found Smith outdoors, cleaning his automobile; Officer Connelly swears that he visited the place on the complaint of a fire hazard, the structure being a two-story frame dwelling.

The pertinent recitals in...

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