Nixon

Appellant was convicted upon a charge of possessing intoxicating liquor contrary to the Alaska Prohibition Law ( 48 U.S.C.A. §§ 261-291 ). His principal assignments of error involve the question whether or not, to his prejudice, the court received evidence unlawfully procured by the officers in searching a room occupied by him as a residence. Touching the material facts there is no controversy. He was living in room No. 29 of the Ketchikan Hotel, Ketchikan, Alaska. Across the hallway directly opposite 29 was room No. 35. On September 24, 1928, a United States commissioner issued to the United States marshal a search warrant in due form directing him to make search óf the two rooms for alcoholic liquors. It recites that, “Proof by affidavit having this day been made before me by E. M. Harrold stating facts from which it appears,” etc. No reference is therein made to any other affidavit or evidence. The Harrold affidavit so referred to purports to have been made on September 23, and states positively that on that date in room 29 of the Ketchikan Hotel the appellant sold to Harrold a pint flask of whisky for $2.50, there being present also a young man named A1 Nixon, who, it turns…