Pera
Pera v. United States
Opinion
Lead Opinion
Rudkin, J.
This is a writ of error to review a judgment of conviction under-the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138]4 et seq.). Tbe principal assignments of error challenge tbe validity of a search warrant under which a search and seizure were made. One of the federal prohibition agents made oath before a United States Commissioner that on October 25, 1922, he was at and within those certain premises described as being located at No. 47 Main street, in the town of Meaderville, eounty of Silver Bow, state of Montana, the same being occupied by one John Doe as an alleged soft drink parlor, and then and there purchased from the said John Doe four drinks of whisky, the same being intoxicating liquor containing more than one-half of 1 per cent, of alcohol, for whieh he paid 25 cents per drink; that the said person then had, possessed, and kept a quantity of said liquor on said premises, and was engaged in the use, possession, and sale thereof in violation of law; that he knew of his own personal knowledge that the said property was then upon the said premises, and was positive that the same was still so used, possessed, kept, and sold thereon; and that the property…