Harry Patrick McCarthy v. United States

JOHNSEN, Circuit Judge.

This case, like No. 16,020, Smith v. United States, 264 F.2d 469, decided concurrently herewith, involves the legality of a search and seizure, in its use to convict appellant, under 18 U.S.C. § 1262, of having unlawfully attempted to transport intoxicating liquor into the “dry” State of Oklahoma. The sufficiency of the evidence to support the conviction, if the search-and-seizure was valid, is not otherwise challenged. The trial was to the same judge and the same punishment was meted out as in the Smith case.

Two weeks after the events of the Smith case, in another…