In re Quirk

HAZEL, District Judge.

When this motion for suppression of evidence first came before me, the main ground urged for vacating the search warrant was the insufficiency of the description of the premises searched by the federal prohibition agents — that the *485dwelling house searched was not connected with the brick building used as a saloon by defendant at the corner of Platt and Kent streets, Rochester, in such a way as to bring it within the exception of section 25 of title 2 of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138%m). The motion was denied.

Subsequently a petition for…