United States v. Johnstone
District Court, D. Alaska
In this case there was a petition filed praying that the liquor seized be destroyed and that the officers be restrained from giving any testimony of facts ascertained by virtue of the search warrant. I held that the application for the destruction of the liquor seized was not well taken for the reason that there is no property in liquor and that it was a matter of no consequence to the defendant what became of the liquor seized.
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In this case there was a petition filed praying that the liquor seized be destroyed and that the officers be restrained from giving any testimony of facts ascertained by virtue of the search warrant. I held that the application for the destruction of the liquor seized was not well taken for the reason that there is no property in liquor and that it was a matter of no consequence to the defendant what became of the liquor seized. As to the remainder of the prayer, I held that the point could just as well be raised during the trial, as the application was timely, and no rights of the defendant…
1Opinion of the Court
JE'NNINGS, District Judge.
The reasons for my position were as follows: The Alaska Bone Dry Law (U. S. Comp. St. *3251918, U. S. Comp. St. Ann. Supp. 1919, §§ 3643b-3643r) expressly provides that it shall be the duty of the Governor of Alaska, the United States marshals and their deputies, mayors and members of town councils, town marshals, and police officers of all incorporated towns in Alaska, all federal game wardens, agents of the Bureau of Fisheries, etc., prosecuting attorneys and their deputies, and all other federal and territorial executive officers, to enforce the provisions of said…
2Cases cited6 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Gouled v. United StatesSupreme Court of the United States · 1921
- Flagg v. United StatesCourt of Appeals for the Second Circuit · 1916
- United States v. WelshDistrict Court, S.D. New York · 1917
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3Cited by1 opinion
- State v. JohnsonSupreme Court of Kansas · 1924