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UNITED STATES v. CARLIN

No. 80.

92 F.2d 425 (1937)

UNITED STATES v. CARLIN et al.

Circuit Court of Appeals, Second Circuit.

November 1, 1937.

Attorney(s) appearing for the Case

Samuel Brodsky, of Brooklyn, N. Y. (J. Bertram Wegman and Jesse Climenko, both of New York City, on the brief), for appellant.

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and Frank J. Parker, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judge.

MANTON, Circuit Judge.

Police officers of the City of New York on October 31, 1936, entered the two-story garage building known as 1531 Gates avenue, borough of Brooklyn, New York City, in response to information they had that there was a fire hazard on the premises. One of them said he detected the odor of fermenting mash at the garage door. They forced the front door of the garage and found nothing, but observed another door leading through the rear brick wall of...

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