United States v. Kaplan

MÓSCOWITZ, District Judge.

This is a motion by the defendant for arrest of judgment and to set aside the verdict of a jury finding him guilty on each of the four counts contained in the indictment.

On August 13, 1936, four investigators of the Alcoholic Tax Unit of the United States Bureau of Internal Revenue were in the vicinity of the premises located at 732 East Ninety-Third street, borough of Brooklyn, city of New York, arriving there *921at about 8:30 p. m. On approaching the premises the investigators noted an odor of fermenting mash emanating from the building which was a one-family house,…