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UNITED STATES v. NOMEL PRODUCTS CO.

41 F.2d 544 (1930)

UNITED STATES v. NOMEL PRODUCTS CO., Inc., et al.

District Court, S. D. New York.

Supplemental Opinion June 10, 1930.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Arthur H. Schwartz, Asst. U. S. Atty., of New York City, of counsel), for the United States.

John M. Cashin, of New York City, for defendants.

CAFFEY, District Judge.

The fluid extract of ginger involved contained upwards of 81 per cent. of alcohol by volume. It was located in a business building. It had not been manufactured or prepared according to formula or Treasury regulations. The holder had no permit. If it be intoxicating liquor, then obviously, under section 3 of title 2 of the National Prohibition Act (27 USCA § 12), possession of it was unlawful. Keen v. United States [C. C. A.]

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