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UNITED STATES v. JANITZ

No. 9328.

161 F.2d 19 (1947)

UNITED STATES v. JANITZ et al.

Circuit Court of Appeals, Third Circuit.

Decided April 16, 1947.

Attorney(s) appearing for the Case

Charles J. Tyne, Asst. U. S. Atty., of Newark, N. J. (Edgar H. Rossbach, U. S. Atty., of Newark, N. J., on the brief), for appellant.

George R. Sommer, of Newark, N. J. (Anthony Calandra, of Newark, N. J., and Bernard G. Goldstein, of Paterson, N. J., on the brief), for appellees.

Before BIGGS, GOODRICH and O'CONNELL, Circuit Judges.

GOODRICH, Circuit Judge.

A group of defendants was indicted for violation of the United States Internal Revenue Code charged with various offenses having to do with the illicit manufacture of alcoholic beverages.1 The first trial took place prior to the effective date, March 21, 1946, of the Federal Rules of Criminal Procedure. It appearing that the seizure of the still apparatus and other articles had been made without warrant by entry...

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