Colasurdo

(after stating the facts as above). Error is assigned to the refusal of the court below to suppress evidence and to quash the search warrant, and it is contended that the plaintiff in error was arrested without probable cause and without reasonable ground to believe that he was violating the Volstead law (27 USCA) or the internal revenue law. No ground was advanced in the court below, nor is any presented in this court, for quashing the search warrant. The officers in possession of a search warrant found on the premises therein described a still, newly installed, which was incomplete for want of certain portions, and they found the plaintiff in error bringing the missing portions upon the premises, obviously for the purpose of completing the still, and they knew that he was necessarily aware of the open and visible contents of the auto in which he was bringing them. Clearly there was ample ground for the arrest.

It is said that the court erred in refusing to instruct the jury to disregard as testimony in the case the liquor which was introduced in evidence, for the reason that the plaintiff in error was not charged with or connected with the possession or ownership thereof. Prom…