Day v. United States

MUNGER, District Judge.

Appellant was convicted of carrying on the business of a wholesale liquor dealer, and of carrying on the business of a retail liquor dealer, in violation of section 3281 of the Revised Statutes (26 USCA § 193), and of concealing and aiding in concealing distilled spirits, in violation of section 3296 of the Revised Statutes (26 USCA § 404).

At the trial testimony was given by two deputy sheriffs to the effect that they .had a search warrant issued from a state court and under it they had made a search of a smokehouse, situated about 15 feet from the appellant’s residence…