Hart v. United States

MURRAH, Circuit Judge.

The appellant, Ted Hart, was tried, convicted and sentenced to three months in jail and fined $200 for the offense of transporting intoxicating liquor into the dry state of Oklahoma, in violation of Section 223, Title 27 U.S.C.A., 49 Stat. 1928. By timely motion, he challenged the constitutionality of the search of the automobile in which the contraband was found and introduced in evidence against him.

Appellant was arrested by state officers in the presence of a deputy United .States Marshal; the search oí the automobile was conducted by state officers under authority of…