McInes v. United States

SAWTELLE, Circuit Judge.

Appellant was convicted in the court below of possessing and transporting intoxicating liquor in violation of the National Prohibition Act (title 2, § 3 [27 USCA § 12]). Trial by jury was waived. Prior to the trial a motion for the suppression of the evidence on the ground of an illegal search and seizure was denied after a hearing thereon. This appeal is from that ruling. The only question is whether or not the search and seizure without a warrant of appellant’s automobile and the liquor contained therein •was valid. The liquor then and there seized is the same for…