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UNITED STATES v. STAPPENBACK

No. 50.

61 F.2d 955 (1932)

UNITED STATES v. STAPPENBACK et al.

Circuit Court of Appeals, Second Circuit.

December 5, 1932.

Attorney(s) appearing for the Case

Irving K. Baxter, of Utica, N. Y., for appellants.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (R. O. Baldwin, Asst. U. S. Atty., of Syracuse, N. Y., of counsel), for the United States.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The evidence upon which the defendants were indicted and convicted was obtained as the result of a raid made by two prohibition agents upon a building in which was found in active operation a large still, concededly unregistered, and a quantity of corn sugar, mash, and alcohol. The defendants were apprehended just outside the building. By a preliminary motion to suppress the evidence and by appropriate...

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