Legal Opinion

In re Holcomb

New York County Courts

Decided December 15, 1921Published

Motioft to vacate and set aside a search warrant issued pursuant to section 802-b of the Code of Criminal Procedure.

1Opinion of the CourtNoonan, J.

For some time previous to May 5,1921, the R. S. Brown Hotel Company, Inc., owned- the hotel situated upon premises known as Nos. 7 to 17, inclusive, Delaware street, Tonawanda, N. Y., and also conducted said property as a hotel, Ralph S. Brown being-president and general manager. On May 4, 1921, Joseph E. Holcomb, then a corporal of the New York state troopers, a peace officer, stationed at the city of Batavia, N. Y., purchased of the bartender of the said hotel company a half pint of intoxicating liquor, for which he paid the sum of two dollars. On May 5, 1921, said Holcomb applied to this…

2Cases cited5 opinions

  1. People v. AdamsNew York Court of Appeals · 1903
  2. People Ex Rel. Robert Simpson Co. v. KempnerNew York Court of Appeals · 1913
  3. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1917
  4. Clement v. Two Barrels of WhiskeyAppellate Division of the Supreme Court of the State of New York · 1910
  5. In re Geschwinder, New York County Courts1910

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