Miller v. United States

Good Law
4 F.2d 384·5 Alaska Fed. 258·1925 U.S. App. LEXIS 2990
United States Court of Appeals for the Ninth CircuitMarch 23, 1925No. 4427California528 words

Opinion

Lead Opinion

Hunt, J.

Plaintiff in error asks review of his conviction of the sale of intoxicating liquor and of maintaining a nuisance, contrary to the provisions of the Alaska Bone Dry Act. 39 Stat. 903 , c. 53, approved February 14, 1917 ( 48 U.S.C.A. § 261 et seq.).

Error is assigned to a ruling of the court admitting certain testimony of a prohibition agent, who, after testifying that he and one Kinnard, another prohibition officer, while making an investigation, met and talked with two young men, added: “Liquor was mentioned, and they said they would — ” Counsel for defendant interrupted and asked the court to instruct the witness not to say what anybody said. The court directed that no conversation be given. Witness then continued: “Liquor was mentioned — ” Counsel again interrupted with a general objection and mo *260 tion that what the witness said be stricken out. The court overruled the objection, and exception was noted. The witness then said: “Those-men invited us to accompany them to a place where liquor coúld be purchased.” Again a general objection and motion to strike were overruled and exception noted. In the absence of a statement of specific grounds upon which the objections were…

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