United States v. Napela

COOPER, District Judge.

The defendant seeks to review the action of United States Commissioner Hampton, of Utica, N. Y., in denying defendant’s application to controvert the grounds on which the search warrant was issued under which intoxicating liquors were seized from the defendant’s possession.

Upon affidavit laid before the commissioner he issued the search warrant in question. The return shows that, upon its exeeu-. tion by prohibition agents, certain intoxicating liquors were taken from defendant’s custody or possession. Upon defendant’s arrest, charged with unlawful possession of…