Kelly v. United States

BORAH, Circuit Judge.

Walter Kelly was convicted on three counts of an indictment charging the unlawful possession, concealment, and .transportation of distilled spirits in violation of § 2803(a) and 3116 of the Internal Revenue Code, 26 U.S.C. §§ 2803(a), 3116.

Before the trial the defendant moved to suppress the evidence, which served as a basis for the conviction, on the grounds that it had been obtained by an unreasonable search and seizure contrary to the provisions of the Fourth Amendment. 1 The motion to suppress was denied and defendant’s objection to the evidence at the trial was…