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UNITED STATES v. KAPLAN

No. 351.

89 F.2d 869 (1937)

UNITED STATES v. KAPLAN.

Circuit Court of Appeals, Second Circuit.

May 10, 1937.

Attorney(s) appearing for the Case

Maxwell Shapiro, of New York City (Alvin I. Perlmutter, of New York City, on the brief), for appellant.

Leo J. Hickey, U. S. Atty., of Brooklyn (Vine H. Smith, of Brooklyn, of counsel), for the United States.

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

L. HAND, Circuit Judge.

The defendant was convicted of maintaining a still in a dwelling in the residence section of Brooklyn. No question is, or conceivably could be, made of his guilt; the only complaint is as to the method by which the officers procured the necessary evidence; the case revives a question very actively debated while the Eighteenth Amendment was in existence. The defendant and his wife had rented a one-family dwelling in Brooklyn in April, 1936,...

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