Holmes v. United States
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry A. Middleton Smith, Judge. _ _ Criminal prosecution by the United States against Jake Holmes. Judgment of conviction, and defendant brings error.
1Opinion of the Court
KNAPP, Circuit Judge.
Plaintiff in error, herein called defendant, was convicted of illicit distilling. The government’s witnesses were three prohibition agents. It is conceded that they went upon defendant’s premises in his absence, without his knowledge or consent, and without a search warrant or other process. They testified to finding in the yard behind his house certain articles which they claimed were parts of a still, namely: A five-gallon kerosene can, which had the smell of still beer and appeared to have been on the fire; a 10 or 12 gallon keg containing some corn beer, which would…
2Cases cited2 opinions
- Gouled v. United StatesSupreme Court of the United States · 1921
- Amos v. United StatesSupreme Court of the United States · 1921
3Cited by9 opinions
- Robertson v. State of FloridaSupreme Court of Florida · 1927
- Pueblo v. Nieves MarzánSupreme Court of Puerto Rico · 1947
- United States v. McBrideDistrict Court, S.D. Alabama · 1922
- Ledbetter v. BaileyDistrict Court, W.D. North Carolina · 1921
- Sanchez v. StateSupreme Court of Florida · 1938
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