Brown v. United States

RUDKIN, Circuit Judge.

This is a writ of error to review a judgment of conviction under the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). The legality of an arrest and seizure without warrant is the only question presented for our consideration.

The defendant in error contends that the question is not properly before us, because there was no objection to the testimony when offered, no motion to suppress, and no application for a return of the property seized, before trial. The case was tried in the court below without a jury, with little or no formality; but we think…