Ray v. United States

HUTCHESON, Circuit Judge.

Appellant was charged in two counts with (1) willfully possessing, (2) willfully transporting, tax unpaid liquor. He did not deny either the possession or the transportation. His defense, raised in advance of the trial by motion to suppress evidence, was that the evidence to convict him had been gotten from him by an unlawful and unreasonable search and seizure of his automobile and of his home.

The District Judge sustained the motion as to the whisky found in the automobile, but denied it as to the whisky found in his home. Thereafter upon jury waiver duly made,…