Donahue v. United States

WILBUR, Circuit Judge.

Appellant was convicted of operating a still, and he appeals from the judgment solely on the ground that the evidence adduced against him was procured by an unlawful search and seizure, and that the court erred in denying his motion to suppress this evidence. Upon the motion to suppress, witnesses were introduced on behalf of the appellant and on behalf of the government. The motion was denied as to appellant and granted as to a codefendant, one Rash, in whose favor the court ordered a directed verdict.-

At the time appellant was arrested he and Rash were operating a…