Kennedy v. United States

This is an appeal from a decree abating a common nuisance and closing the premises, where the' nuisance was maintained for a period of one year, under section 22 of title 2 of the National Prohibition Act ( 41 Stat. 314 [Comp. St. Ann. Supp. 1923, § 10138i/2k]). The sufficiency of tie testimony to support the decree is the only question presented for our consideration. As appears from the opinion of the court below, it was stipulated at the trial that all evidence given on the trial of a criminal action between the same parties should be considered as given on the trial of the abatement proceeding, but it is quite apparent that only asmaE part of that testimony is found in the present record. The ,facts are thus set forth in the opinion of the court:

And again:

*487 It is first contended that there was a failure of proof because the action was not brought within 60 days following the specific violations of law disclosed by the testimony. Section 21 of title 2 of the act (Comp. St. Ann. Supp. 1923, § 10138½jj) defines a “common nuisance” as any room, house, building, boat, vehicle, structure, or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation…