United States v. O'Leary

WILSON, District Judge.

The defendant in this case was indicted for the possession of illicit whiskey. A motion to suppress evidence was filed on behalf of the defendant upon the ground that the arrest of the defendant was unlawful and that the search of the defendant’s automobile was likewise unlawful. A trial by jury was waived by the defendant and by stipulation of the parties it was agreed that the case would be tried by the Court upon the indictment and the motion to suppress at one hearing.

Thereupon Mr. O’Donnell, a government agent, testified that upon August 21, 1961, around 7:00 a.…