Baker

Baker v. United States

Good Law
4 F.2d 805·5 Alaska Fed. 261·1925 U.S. App. LEXIS 3096
United States Court of Appeals for the Ninth CircuitApril 6, 1925No. 4406California473 words

Opinion

Lead Opinion

Hunt, J.

Baker was convicted of the unlawful possession of intoxicating liquor under the Alaska Dry Law. Act of Congress approved February 14, 1917, 39 Stat. 903 ( 48 U.S.C.A. § 261 et seq.).

Plaintiff in error contends that the search warrant is defective in not sufficiently describing the premises to be searched. A mere statement of the description completely answers the argument. Omitting formal matters, the warrant directed the United States marshal or any deputy to search the premises described in the warrant, and all structures and appurtenances thereto, and to take into his custody, to be disposed of according to law, all intoxicating liquor found. The premises described are “* * * in the Ship Hotel, located on lot five (5) of block forty-four (44) of Anchorage townsite, on the south side of Fourth avenue, between C and D streets, of the city of Anchorage,' Alaska, and particularly in the second room towards the back of said building from the lobby, or the card room, of the said hotel.”

The next error assigned is that there is nothing in the record showing that the warrant was issued upon a finding of .probable cause, after examination of the complainant or his witnesses before…

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