Marron

This case is brought here by writ of error, under which the plaintiff seeks to have set aside the judgment entered .against him upon conviction of the crime of conspiring to violate provisions of the National Prohibition Act (Comp. St. § 10138(4 et seq.). Plaintiff in error was convicted of the same offense under the same indictment prior to his last trial. That judgment was reversed by this court. Marron v. United States, 8 F.(2d) 251 . The reversal was ordered because the court concluded that the evidence received touching the seizure of intoxicating liquor without a search warrant at 2922 Sacramento street, San Francisco, was not admissible.

The indictment, in substance, charged the conspiracy to be one to manufacture, sell, transfer, deliver, transport, furnish, and have possession of intoxicating liquors, and to maintain a common nuisance by keeping for sale and selling such liquors at 1249 Polk street, in the city and county, of San Francisco.

The first point urged is that the court erred, and that, because of such error, rights of plaintiff in error under the Fourth and Fifth Amendments to the Constitution were violated, in receiving in evidence a book of .account and…