UNITED STATES v. SMITH

No. 4602.

43 F.2d 173 (1930)

UNITED STATES v. SMITH.

District Court, S. D. Texas, at Galveston.

July 31, 1930.


Attorney(s) appearing for the Case

H. M. Holden, U. S. Dist. Atty., and Douglas McGregor and Albert Thomas, Asst. Dist. Attys., all of Houston, Tex., for the United States.

Henry Greenberg, of Galveston, Tex., for defendant.


HUTCHESON, District Judge.

Upon the trial of the above cause the United States, over the objection of the defendant that the admission of such evidence would be in violation of the Fourth and Fifth Amendments to the Constitution of the United States, offered evidence of an entry into, sales of liquor occurring therein, and subsequent search of premises.

The evidence was received subject to the objection, and briefs were invited on the point made by the defendant...

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