United States v. Fitzmaurice

L. HAND, Circuit Judge.

The only question raised upon the appeal is as to the competency of certain evidence admitted in favor of the prosecution upon the trial of an information for maintaining a nuisance. This consisted of beer, seized on December 13, 1929, in execution of a search warrant issued on December fourth. The affidavit on which the warrant issued declared that the affiant, a prohibition agent, had entered a saloon on November twenty-fourth, and there saw guests ordering, drinking, and paying for, whisky which was being openly sold. The description of the premises in the warrant…