United States v. Eddie Earl Arms

This is an appeal from conviction of possession of non-taxpaid whiskey. The only question presented is whether the affidavit for the search warrant which was authorized to be and was in fact executed at night was “positive that the property was in the place to be searched.” 1

The pertinent part of the affidavit, made by a special investigator for the Alcohol and Tobacco Tax Division of the Internal Revenue Service, is as follows:

The undersigned being duly sworn deposes and says: That he (is positive) that (on the premises known as) the Eddie Earl Arms residence in the By-bee section of Cocke…