Vaught v. United States

• Decision Date: 03 August 1925
• Docket Number: No. 4487.,4487.
• Citation: Vaught v. United States, 7 F.2d 370 (9th Cir. 1925)
• Parties: VAUGHT v. UNITED STATES.
• Court: U.S. Court of Appeals — Ninth Circuit

7 F.2d 370 (1925)

VAUGHT v. UNITED STATES.

No. 4487.

Circuit Court of Appeals, Ninth Circuit.

August 3, 1925.

Williams, Kelly & McDonald, of San Francisco, Cal., for plaintiff in error.

Sterling Carr, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge.

Vaught was convicted of unlawful possession of certain property designed for the manufacture of intoxicating liquor, maintenance of a common nuisance, unlawful manufacture of intoxicating liquor, and unlawful possession of intoxicating liquor.

Before trial he filed a motion that some beer and other property referred to in the information be excluded from evidence and use on the trial, on the ground that the premises in which the property was found were searched, and that the property was seized without reasonable ground for believing that an offense had been or was being committed in or about the premises described. The motion was denied, and exception was saved.

The testimony of the prohibition agents was that they had information that the building was being used for some kind of an illicit brewery; that they went there, and smelled the odor of beer coming from the premises, a large building, with corrugated sides; that they walked to the side of the building, lifted a loosened piece of corrugated iron, looked in, and saw numerous bottles of beer, machinery, and vats, and observed two men rolling barrels; that they went to the front door of the building, and waited there until a man delivered a package, when, as the door was opened and the man entered, they followed and went inside, where they found about 500 cases of beer and machinery suitable for making beer. The agents saw Vaught enter the premises, and, upon being asked by the agent what he was doing there, Vaught replied that "a fellow told him where he could get...