Lowrey v. United States

RIDDICK, Circuit Judge.

The appellant was convicted on an indictment charging him with the unlawful possession of distilled spirits in violation of 26 U.S.C.A. Int.Rev.Code, § 2803, requiring the containers of such spirits to have affixed stamps denoting the quantity contained and evidencing payment of internal revenue taxes. The appellant’s conviction depends entirely upon evidence obtained by state officers by an unlawful search of the appellant’s residence and the seizure there of distilled spirits. The question presented is whether the rights of the appellant under the Fourth and the Fifth…