Smith v. United States

• Decision Date: 29 October 1924
• Docket Number: No. 2267.,2267.
• Citation: 2 F.2d 715
• Parties: SMITH v. UNITED STATES.
• Court: U.S. Court of Appeals — Fourth Circuit

2 F.2d 715 (1924)

SMITH v.UNITED STATES.

No. 2267.

Circuit Court of Appeals, Fourth Circuit.

October 29, 1924.

Stanyarne Wilson, of Spartanburg, S. C.(Wilson & Wilson, of Rock Hill, S. C., on the brief), for plaintiff in error.

Joseph A. Tolbert, U. S. Atty., of Greenville, S. C.(J. E. Marshall, Asst. U. S. Atty., of Washington, D. C., on the brief), for the United States.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

PER CURIAM.

Defendant was convicted on an indictment containing two counts — the first charging unlawful possession, and the second unlawful transportation of "certain intoxicating liquors, to wit, 216 bottles of ginger, fit for use for beverage purposes."On the night of January 27, 1924, a deputy United States marshal and a state constable, under authority of a search warrant, searched the store and outbuildings on the premises known as the Porter place.The warrant directed the search of the premises and outbuildings of George Smith, John Doe, and others.The officers found men in and around the store who had been drinking, one of them having whisky in his pocket, and others having Jamaica ginger.

As the officers stepped out into the yard in the rear of the store building, F. D. Smith, the defendant, drove up in an automobile.When he alighted, Moss, the state constable, tapped him on the shoulder and spoke to him.Moss then walked around the back of the car to the opposite side, and noticed that the rear door was open.He turned his flashlight on the rear floor of the car and saw 216 bottles of Jamaica ginger, branded: "Good Luck.U. S. P.Strength Alcohol 93%."Lister, the deputy marshal, in the meantime had asked Smith what he had in the car.Moss, when he discovered the ginger,...