Legman v. United States

DAVIS, Circuit Judge.

The defendant was tried, convicted, and sentenced on an information charging him with maintaining a common nuisance, unlawful possession of a five-gallon still, and manufacturing intoxicating liquor containing more than one-half of 1 per centum of alcohol by volume, at No. 346 Warren street, Newark, N. J., in violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼et seq.).

The testimony establishes that, shortly after 8 o’clock on the evening of January 3, 1923, two police officers, Lozier and Moran, of the city of Newark, entered what appeared to be…