Cardenti

Adjudged guilty upon an indictment charging in four counts, all under the internal revenue law (26 USCA), illegal acts pertaining to the maintenance of a still and the manufacture of intoxicating liquor, defendants bring error.

The point most earnestly urged is that the court should have suppressed the larger part of the evidence, because, as alleged, it was procured by an unlawful search and seizure. The indictment was filed on June 27,1927, and on July 7th the defendants were arraigned and pleaded not guilty, whereupon the cause was set down for trial on August 2d. For some reason the trial did not come on until August 19th, upon which date, after the jury had been impaneled and sworn, the defendants, for the first time in court, indicated a desire to move for the suppression of the evidence. The motion thereupon presented was neither verified nor supported by any affidavit, nor did the defendants exhibit therewith the search warrant or the affidavit upon which it was issued.

Manifestly, the course so adopted, if it may be pursued as of right, would be attended with the most serious consequences. Assuming that the unverified averments of the motion presented issues of fact,…