Cola

Plaintiff in error was convicted upon four counts, charging, severally, the manufacture of intoxicating liquor, possession of property designed for that purpose, possession of liquor, and the maintenance of a nuisance. The evidence was in the main procured by a search of his premises at Meaderville, Mont., and, as stated in his brief, the only question here raised is of the validity of the search.

The premises consisted of a town lot, upon which was a small dwelling house, where the defendant, with his wife and child, had resided for several years. No one was at the premises at the time of the search, but upon going away four or five days prior thereto defendant had informed his neighbor where he could find the key, and had requested him to start a fire in the stove in case of cold weather, to avoid damage to the plumbing. Having been informed that liquor was being manufactured upon the premises, the prohibition agents went there about noon on November 30, 1926, and as they approached they detected a strong odor of fermenting mash. They had no warrant, either for a search or for the arrest of defendant, but on finding the door locked, and being informed by the neighbor, who…