FLEITAS v. UNITED STATES

No. 5701.

40 F.2d 636 (1930)

FLEITAS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

May 9, 1930.


Attorney(s) appearing for the Case

J. F. Busto, of Key West, Fla. (J. F. Busto, of Key West, Fla., on the brief), for appellant.

W. P. Hughes, U. S. Atty., of Jacksonville, Fla., and D. Heywood Hardy, Sp. Asst. to Atty. Gen., for the United States.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.


DAWKINS, District Judge.

Appellant was convicted under a bill of information, consisting of two counts, charging the possession and sale, respectively, of intoxicating liquors for beverage purposes.

Two points are raised by the appeal, to wit: (1) That the venue was not proven, and (2) that the court below erred in permitting the prosecution to introduce before the jury evidence obtained by virtue of a search warrant, which it is contended was illegal.

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