Coon v. United States
| Decision Date | 02 November 1929 |
| Docket Number | No. 68.,68. |
| Citation | 36 F.2d 164 |
| Parties | COON v. UNITED STATES. |
| Court | U.S. Court of Appeals — Tenth Circuit |
J. C. Helms, of Oklahoma City, Okl., for appellant.
Roy St. Lewis, U. S. Atty., of Oklahoma City, Okl. (Herbert K. Hyde, Asst. U. S. Atty., of Oklahoma City, Okl., on the brief), for the United States.
Before LEWIS, COTTERAL, and PHILLIPS.
By an information containing three counts, Harry Coon, the appellant, was charged with violations of the National Prohibition Act (27 USCA). The first count charged unlawful possession of intoxicating liquor. The second count charged unlawful possession of mash and a distilling apparatus designed and intended to be used in the unlawful manufacture of intoxicating liquor. The third count charged unlawful manufacture of intoxicating liquor, to wit, whisky. This is an appeal from judgments of conviction upon each of the three counts of the information. The only error assigned is the overruling of appellant's motion to suppress certain evidence.
At the hearing upon this motion, the appellant testified, in part, as follows: That on or about December 1, 1927, appellant leased a frame building, about fifteen by eighteen feet, situate on the Oldham homestead in Blaine County, Oklahoma, for the purpose of manufacturing whisky and for a home; that he placed eight barrels of mash and a whisky still in this building; that he was engaged in making whisky at this building for a period of about two weeks; that during such period he also occupied the building as a home; that the building was furnished with a cot, a monkey stove, two chairs, a table and cooking utensils.
J. B. Dowell, a prohibition enforcement officer employed in the Indian service, testified at the hearing upon this motion, in part, as follows: That on or about December 15, 1927, in company with certain state officers, he went to the Oldham homestead for the purpose of investigating violations of the National Prohibition Law; that, after investigating the filling station and the home of Mrs. Oldham, as he approached the building leased by appellant he noticed fumes or steam rising therefrom and could smell the odor of whisky and the odor of mash; that he went to such building and knocked on the door and received no response; that he unfastened and opened the door and saw appellant standing in the building; that in the building he found sixteen barrels, ten of which were filled with mash and six of which were partly filled with mash, one whisky still, a pressure tank and gas burner with an automobile pump attached, and two eight gallon jars of whisky; and that the burner and still were in operation.
Dowell arrested appellant and took possession of the distilling apparatus,...
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