BOURKE v. UNITED STATES

No. 5607.

44 F.2d 371 (1930)

BOURKE v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1930.


Attorney(s) appearing for the Case

Leonard S. Coyne, of Detroit, Mich., for appellant.

Geo. S. Fitzgerald, of Detroit, Mich. (John R. Watkins, U. S. Atty., of Detroit, Mich., on the brief), for the United States.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.


DENISON, Circuit Judge.

Agents of the customs service seized a quantity of whisky, located in Bourke's dwelling. Later, the government filed an information in the nature of a libel, asking condemnation, both under Rev. St. § 3450 (section 1181, tit. 26, USCA) and under section 25, tit. 2, National Prohibition Act (section 39, tit. 27, USCA); Bourke answered; the case was heard before the District Judge without a jury; condemnation was awarded; Bourke appeals...

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