Ralston

Upon an information charging him with violation of the National Prohibition law (27 USCA) the plaintiff in error was convicted and sentenced to pay a fine of $500. The facts attending his arrest are the following:

A federal prohibition agent, acting on information he had received, telephoned to a certain number an order for a bottle of gin to be delivered at a designated apartment house, apartment K. Shortly thereafter he, with another officer, arrived in the vicinity of the apartment house, and about a half hour after giving the order they saw the plaintiff in error drive up in an automobile, and saw him get out of his car and walk to the apartment house, and examine, at the side of the entrance, the register of the occupants. The register had names and numbers only, and no apartment lettered K. The plaintiff in error stood there a minute or two and then turned away.

Thereupon the prohibition agent walked up to him, showed him his badge, and told him who he was, and asked him if he had the gin. The plaintiff in error answered, “Yes, here it is,” referring to his coat pocket, and took out of his pocket a bottle and dashed it on the sidewalk. The officers then placed him under…