Legal Opinion

Kathriner v. United States

Court of Appeals for the Ninth Circuit

Decided December 5, 1921No. 3637PublishedCited by 19 opinions

In Error to the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Benjamin Kathriner and James Sullivan were convicted of violating the National Prohibition Act, and they bring error.

1Opinion of the Court

ROSS, Circuit Judge.

[1] The plaintiffs in error were convicted and sentenced under count 1 of an information filed against them, charging a violation of the National Prohibition Act (41 Stat. 305). One of the specifications of error relied upon is that the court erred in denying their motion for a directed verdict of not guilty on the ground that the evidence was insufficient to show that they had committed any offense. In their brief regarding that matter they say that the officers of the government—

“entered the soft drink parlor of the defendants, and without a warrant or process of any…

2Cases cited3 opinions

  1. Weeks v. United StatesSupreme Court of the United States · 1914
  2. Adams v. New YorkSupreme Court of the United States · 1904
  3. Young v. United StatesCourt of Appeals for the Ninth Circuit · 1921

3Cited by19 opinions

  1. State v. ReynoldsSupreme Court of Connecticut · 1924
  2. Vachina v. United StatesCourt of Appeals for the Ninth Circuit · 1922
  3. Agnello v. United StatesCourt of Appeals for the Second Circuit · 1923
  4. Papani v. United StatesCourt of Appeals for the Ninth Circuit · 1936
  5. Murby v. United StatesCourt of Appeals for the First Circuit · 1923

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