Legal Opinion

United States v. McBride

District Court, S.D. Alabama

Decided February 1, 1922PublishedCited by 17 opinions

Robert J. McBride was convicted of violating the National Prohibition Act (41 Stat. 305), and he moves to set aside the verdict and judgment.

1Opinion of the Court

ERVIN, District Judge.

In this case defendant, having been convicted, now makes a motion to set aside the verdict and judgment.

The point pressed upon me in favor of setting aside the verdict is that the court permitted the witnesses to testify as to what they found upon McBride’s premises when the search was made thereon without a search warrant having been first secured authorizing them to search such premises. The testimony showed without dispute that McBride did not reside at the place where the search was made; it further showed that the witnesses went upon the premises owned by McBride,…

2Cases cited5 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Gouled v. United StatesSupreme Court of the United States · 1921
  3. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  4. Amos v. United StatesSupreme Court of the United States · 1921
  5. Holmes v. United StatesCourt of Appeals for the Fourth Circuit · 1921

3Cited by17 opinions

  1. Leon v. StateCourt of Appeals of Maryland · 1942
  2. Koth v. United StatesCourt of Appeals for the Ninth Circuit · 1926
  3. Murby v. United StatesCourt of Appeals for the First Circuit · 1923
  4. People v. ShieldsCalifornia Court of Appeal · 1965
  5. People v. RingMichigan Supreme Court · 1934

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