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McINES v. UNITED STATES

No. 6906.

62 F.2d 180 (1932)

McINES v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 5, 1932.

Attorney(s) appearing for the Case

Wilbur, Beckett, Howell & Oppenheimer and Francis E. Marsh, all of Portland, Or., for appellant.

George Neuner, U. S. Atty., and Rex Kimmell, Asst. U. S. Atty., both of Portland, Or., for the United States.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.

SAWTELLE, Circuit Judge.

Appellant was convicted in the court below of possessing and transporting intoxicating liquor in violation of the National Prohibition Act (title 2, § 3 [27 USCA § 12]). Trial by jury was waived. Prior to the trial a motion for the suppression of the evidence on the ground of an illegal search and seizure was denied after a hearing thereon. This appeal is from that ruling. The only question is whether or not the search and seizure...

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