MALONE v. UNITED STATES

No. 7208.

67 F.2d 339 (1933)

MALONE v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 30, 1933.


Attorney(s) appearing for the Case

E. F. Dailey, of Seattle, Wash., and A. E. Dailey, of Everett, Wash., for appellant.

Anthony Savage, U. S. Atty., of Seattle, Wash., and De Witt C. Rowland, Asst. U. S. Atty., of Tacoma, Wash.

Before WILBUR and GARRECHT, Circuit Judges, and FEE, District Judge.


FEE District Judge.

The instant appeal is prosecuted from the denial of a motion to suppress certain evidence. The indictment charged transportation and possession of liquor contrary to the terms of the National Prohibition Act (27 USCA), and further that the defendant had previously been convicted of transportation of intoxicating liquor, in a federal court.

The circumstances hereinafter set out are found either in the affidavits upon the motion to suppress...

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