Stakich

Adjudged guilty upon four counts charging’ possession of intoxicating liquor, possession of property designed for the violation of the prohibition law, the manufacture of liquor, and the maintenance of a nuisance, the two defendants bring error.

Of the suggestion that it was error to impose punishment under counts 1 and 2, because the offenses of possessing liquor and property are merged in the offense of manufacture, it is only necessary to say that a contention of like character, but under circumstances much more persuasive, was rejected in Albrecht v. United States, 273 U. S. 1 , 47 S. Ct. 250 , 71 L. Ed. 505 .

The principal question discussed grows out of the reception of evidence secured by government agents without a search warrant. Having been definitely informed of the location of an operating still, prohibition agents went to a lonely and remote place in the woods in northern Idaho, where they found a small abandoned farm. There had been a clearing of 15 or 20 acres, which had at some time been inclosed, or partially inclosed. Eor the most part, the fences were down, the windows of the unoccupied dwelling house were broken, and generally it had an abandoned appearance.…