Koth v. United States
Court of Appeals for the Ninth Circuit
The defendant was convicted on counts L 2, 3, 4, and 6. A fine of $500 was imposed on counts 1, 2, and 4, and imprisonment in the county jail for six months on count 3, and four months on count 6, and a fine of $500; jail sentences to run consecutively. From this judgment writ of error is prosecuted.
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The defendant was convicted on counts L 2, 3, 4, and 6. A fine of $500 was imposed on counts 1, 2, and 4, and imprisonment in the county jail for six months on count 3, and four months on count 6, and a fine of $500; jail sentences to run consecutively. From this judgment writ of error is prosecuted. He charges error (a) in the admission of evidence, obtained and seized upon unlawful search; (b) in refusing to require the government to elect as between counts 2 and 3; (e) imposing sentences on counts 1, 2, and 3, as manufacturing and possession of distilled spirits, and manufacturing includes…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above). [1-7] It was not error to receive this evidence. The most that can be said is that the officers were trespassers. Raine v. United States (C. C. A.) 299 F. 407. The court did not err in denying the motion to elect. Congress has power to define offenses and what act shall constitute an offense, and from thé pleadings it appears that neither is necessarily or at all included in any of the others. Raine v. United States, supra; Earl v. United States (C. C. A.) 4 F.(2d) 532; Singer v. United States (C. C. A.) 288 F. 695; Bell v. United States (C. C. A.) 285 F.…
2Cases cited23 opinions
- Hester v. United StatesSupreme Court of the United States · 1924
- United States v. BorkowskiDistrict Court, S.D. Ohio · 1920
- Singer v. United StatesCourt of Appeals for the Third Circuit · 1923
- Reynolds v. United StatesCourt of Appeals for the Sixth Circuit · 1922
- Bell v. United StatesCourt of Appeals for the Fifth Circuit · 1922
18 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- People v. EdwardsCalifornia Supreme Court · 1969
- W. H. Wattenburg and William P. Owens v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- State v. BooneSupreme Court of North Carolina · 1977
- Carlo Kelly Giacona v. United StatesCourt of Appeals for the Fifth Circuit · 1958
- Bryce McDowell v. United StatesCourt of Appeals for the Eighth Circuit · 1967
34 more not listed; retrieve them via the Exa API.