Frank Lester Brock v. United States

WRIGHT, District Judge.

Appellant was convicted under an indictment in six counts charging violation of the Internal Revenue laws relating to moonshine liquor. He contends that his conviction resulted from evidence obtained in an illegal search of his premises in violation of the Fourth Amendment, 1 and by admission in evidence of statements made by him, while asleep, in vio lation of the Fifth Amendment. 2 For the reasons hereinafter stated, it was error to admit the evidence in question, the error was prejudicial, and the conviction must be set aside.

On December 28, 1953, William R.…