Kauz v. United States
| Decision Date | 24 March 1938 |
| Docket Number | No. 8499.,8499. |
| Citation | 95 F.2d 473 |
| Parties | KAUZ v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Elmore Cohen, of West Palm Beach, Fla., and Frank B. Bozza, of Miami, Fla., for appellant.
Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Lloyd C. Hooks, Asst. U. S. Atty., and Harry G. Taylor, Sp. Asst. U. S. Atty., both of Miami, Fla.
Before FOSTER and HUTCHESON, Circuit Judges, and BORAH, District Judge.
An indictment was returned against Sue D. Kauz, appellant, and Thomas Butler charging them, in one count, with unlawfully possessing 15 gallons of whisky in three 5-gallon unstamped containers, and in another count with concealing 15 gallons of whisky, with intent to defraud the United States of the taxes thereon. Before trial appellant moved to suppress evidence secured by a search of her residence. The motion was denied. On motion of the United States Attorney a severance was granted and appellant was tried alone and convicted. A sentence of imprisonment of one year and a day and a fine of $200 was imposed upon her. Error is assigned to the overruling of the motion to suppress the evidence and to the refusal of the court to direct a verdict of acquittal.
The government introduced as witnesses two investigators of the United States Alcohol Tax Unit, Stephenson and Masterson. Their evidence tends to show the following facts: Appellant was the owner of a large, unfinished building in Miami, Nos. 127 and 129 Second street. The building faces south on Second street and the front of the building is divided into east and west halves. The west half was used as a garage and storeroom, and was used by both appellant and Butler, while the first and second floors of the east half were used as living quarters by appellant. Butler also had sleeping quarters in the building, but not in the part occupied by appellant. There is a connecting door between the part occupied by appellant as living quarters and the garage, and a sliding door from the garage to the street. While riding around the streets of Miami on the morning of October 7, 1936, the officers, at about 8 o'clock, saw a Reo automobile, which they knew to be a "liquor car," in front of the garage, the door of which was open about three feet. Butler, the codefendant, came out of the garage with a five-gallon jug in a sack, walked across the sidewalk, and put it in the sedan. There were two other five-gallon jugs in the sedan, and all contained whisky. The containers were unstamped. Butler saw them and endeavored to go back into the garage. One of them followed him. There was a scuffle and he was brought out and arrested. Some one in the garage then closed the door and bolted it. Stephenson then went to the door leading into app...
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