United States v. Sergio

BYERS, District Judge.

This is a motion to suppress evidence in a case which somewhat resembles United States v. Louis Kaplan, 89 F.2d 869, 870, recently decided by the Circuit Court of Appeals for this circuit. The distinguishing features, however, are significant.

The petition is that of Raymond Beck who recites his residence in the premises in which the still was found, but he does not say that he was present when the agents visited the house on October 23, 1937, shortly after noon. He describes himself as a lawful tenant and occupant of these premises and says that he had a proprietary…