Poetter

This is an appeal from judgment of conviction and sentence of the appellant for manufacture and possession of intoxicating liquor. It belongs to that class of eases which of recent years has incumbered the dockets of trial and appellate courts in which parties clearly guilty of violation of the Prohibition Law (27 USCA) endeavor to escape punishment ire-cause of an unlawful search and seizure by some government official. That defense was not successful in the instant ease, and hence this appeal.

On January 31, 1928, prohibition agents, being advised of reports and rumors concerning the operation of a still at appellant’s place, went to his residence and inquired of him if he had a still. According to the government’s testimony, he replied no, but said that he had two barrels of wine which had been left over after a previous search. The agents asked if they could see the wine, and the appellant said yes, and offered to show it to them. That they went down in the basement and the agents took a sample and sealed the barrels. A later analysis showing that the wine contained more than the permitted amount of alcohol, the agents returned and destroyed the wine. They had no search…