Strom v. United States

WILBUR, Circuit Judge.

Appellant was indicted upon three counts for violation of the National Prohibition Law (27 USCA). In pursuance of a stipulation, he was tried by the court sitting without a jury, and was found guilty. He appeals from the judgment of conviction solely upon the ground that the evidence against him had been unlawfully procured in violation of the Fourth- and Fifth Amendments of the .Federal Constitution and that his petition, to suppress this evidence, addressed to the court, was improperly denied.

It appears from the evidence that at about 1 p. m. on September 23, 1930, the…