Lewis v. United States
| Decision Date | 29 June 1925 |
| Docket Number | No. 4480.,4480. |
| Citation | 6 F.2d 222 |
| Parties | LEWIS et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Alexander, Bundy & Swale, of Seattle, Wash., for plaintiffs in error.
Thos. P. Revelle, U. S. Atty., and C. T. McKinney, Asst. U. S. Atty., both of Seattle, Wash.
Before GILBERT, HUNT, and RUDKIN, Circuit Judges.
The indictment in this case charges a conspiracy to violate the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.) by possessing, transporting, and selling intoxicating liquor, and by maintaining a common nuisance at certain places within the city of Seattle; also the crimes of transporting intoxicating liquor and maintaining a common nuisance. The testimony on the part of the government tended to show that two federal prohibition agents observed the defendants leaving an apartment house on the corner of Ninth avenue and Union street in the city of Seattle, and entering an automobile. One of the defendants was carrying a brief case, which appeared to be empty. The agents followed the defendants to another apartment house on Eighth avenue. The defendants entered the latter and returned in about 10 minutes with the same brief case. When they returned, however, the brief case appeared to contain some heavy objects. The defendants again entered the automobile, and upon the approach of the agents one of the defendants jumped from the car and threw the brief case into the street. The defendants were thereupon placed under arrest, and the brief case was found to contain broken bottles and intoxicating liquor.
Before the arrest two search warrants were procured by prohibition agents. The first authorized a search of all rooms on the second floor of the Cambridge Apartments, on the southeast corner of Ninth avenue and Union street, in the city of Seattle, under the control of the defendants, and especially apartment No. 218. The second authorized a search of the premises described as 1615 Eighth avenue. The defendants interposed a timely motion to suppress all evidence relating to the searches and seizures under the two search warrants, and also to the brief case and automobile seized at the time of the arrest.
The present writ of error was sued out to review a judgment of conviction. The assignments of error challenge the sufficiency of the indictment, the sufficiency of the testimony to justify the verdict, the validity of the two search warrants, and the...
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Jeffers v. United States
...501, 511; McMillan v. United States, 8 Cir., 1928, 26 F.2d 58; Armstrong v. United States, 9 Cir., 1926, 16 F.2d 62, 65; Lewis v. United States, 9 Cir., 1925, 6 F.2d 222. In Pielow v. United States, 9 Cir., 1925, 8 F.2d 492, 493, the premises invaded were not those of the person to whom the......
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Casey v. United States, 12387.
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