Gentili

Gentili v. United States

Good Law
22 F.2d 67·1927 U.S. App. LEXIS 3273
United States Court of Appeals for the Ninth CircuitOctober 17, 1927No. 5124California1,346 words

Opinion

Lead Opinion

Dietrich, J.

Defendant was adjudged guilty of illegally possessing intoxicating liquor, and also of maintaining a nuisance under the National Prohibition Act (27 USCA). The most serious question is the sufficiency of the evidence to support the verdict, particularly in respect of the latter charge.

In the information the place of the nuisance is described as being the Tripoli Hotel, at 1552% Broadway, in the city of Tacoma. That defendant was the proprietor of this hotel or boarding house is admitted. Upon arriving there on July 19, 1926, the prohibition officers, accompanied by one Carr, found defendant, with his son, at work in the kitchen. According to their testimony, Carr in their presence approached the defendant with the suggestion or statement that he (Carr) had a few days previously purchased from him some liquor, to which defendant made no reply. Upon a search the officers-discovered no liquor, but in the kitchen some empty bottles and whisky flasks, and oh the table whisky glasses. Finding the door to room No. 15 locked, they obtained from defendant the key. Upon opening the door, the room appeared to be unoccupied, and was “dusty and dirty.” Visible on the dusty floor were…

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