United States v. Notto

SWAN, Circuit Judge.

The appellant assigns as error that the trial court denied a motion to suppress before trial the evidence obtained at the time of his arrest, refused) at the trial to strike out such evidence, and so charged the jury as virtually to direct a verdict of guilty.

The defendant was arrested while driving a truck containing 35 half barrels of beer which was found by subsequent analysis to possess the prohibited alcoholic content and to be fit for beverage purposes. After a hearing before a United States commissioner, the defendant was discharged upon the ground that no probable…