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UNITED STATES v. ONE QUART BOTTLE OF ALLEGED WHISKEY, ETC.

No. C-2196.

40 F.2d 565 (1930)

UNITED STATES v. ONE QUART BOTTLE OF ALLEGED WHISKY AND ALL OTHER PROPERTY ON LIBEL NO. 47, LOTS NOS. 31221 AND 31224.

District Court, E. D. New York.

March 10, 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., and J. Bertram Wegman, Asst. U. S. Atty., of New York City, of counsel), for the United States.

George W. Herz, of Brooklyn, N. Y., and Charles F. Murphy, of New York City, for defendants.

MOSCOWITZ, District Judge.

The government seeks to forfeit a large quantity of alcohol contained in different sized containers seized in a garage at No. 163 Taaffe Place, borough of Brooklyn, city of New York, and in a Ford autotruck standing at the entrance to said premises.

Police Officer Heitmann testified that upon approaching the garage and before entering he smelled the odor of alcohol. He further testified that he saw a Ford truck at the open entrance...

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