United States v. Kelly

COLEMAN, District Judge.

The question here presented is whether a person, asserting ownership in intoxicating liquor lawfully seized under the National Prohibition Act (27 USCA), is entitled to its return, when the trial of another, who denied ownership and possession, but who was alleged to have unlawfully possessed the liquor, and in which the liquor was used as evidence, has resulted in his acquittal, and when the government, for a period of more than four years thereafter, has failed to institute any other proceeding to test its right to retain the liquor.

It appears that on May 17, 1922,…