UNITED STATES v. FITZMAURICE

No. 49.

45 F.2d 133 (1930)

UNITED STATES v. FITZMAURICE.

Circuit Court of Appeals, Second Circuit.

October 20, 1930.


Attorney(s) appearing for the Case

Samuel M. Silver, of New Haven, Conn., for appellant.

John Buckley, U. S. Atty., and John A. Danaher, Asst. U. S. Atty., both of Hartford, Conn., for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


L. HAND, Circuit Judge.

The only question raised upon the appeal is as to the competency of certain evidence admitted in favor of the prosecution upon the trial of an information for maintaining a nuisance. This consisted of beer, seized on December 13, 1929, in execution of a search warrant issued on December fourth. The affidavit on which the warrant issued declared that the affiant, a prohibition agent, had entered a saloon on November twenty-fourth, and there...

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