Legal Opinion

United States v. Fenton

District Court, D. Montana

Decided October 25, 1920No. 3634PublishedCited by 24 opinions

George Fenton and another were convicted of unlawfully transporting whisky, and moved for a new trial.

1Opinion of the Court

BOURQUIN, District Judge.

Defendants were convicted of unlawfully transporting in an auto, some 130 quarts of whisky, the auto *222and whisky were adjudged forfeited to the United States, and defendants move for a new trial upon the ground 'that their arrest and the seizure of the whisky and car were without process, in violation of the Fourth and Fifth Amendments, and unlawful; that the evidence at the trial was the whisky and tire testimony of the delinquent officers; and that defendants preserved their rights by motion before trial (heard at trial and decision reserved) for return of the whisky…

2Cases cited5 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
  3. United States v. StowellSupreme Court of the United States · 1890
  4. Taylor v. United StatesSupreme Court of the United States · 1845
  5. Ex parte MorrillUnited States Circuit Court · 1888

3Cited by24 opinions

  1. Garske v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  2. United States v. SlusserDistrict Court, S.D. Ohio · 1921
  3. People v. CaseMichigan Supreme Court · 1922
  4. United States v. RembertDistrict Court, S.D. Texas · 1922
  5. People v. KamhoutMichigan Supreme Court · 1924

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