Doran

Doran v. United States

Good Law
31 F.2d 754·1929 U.S. App. LEXIS 3553
United States Court of Appeals for the Ninth CircuitMarch 25, 1929No. 5622California471 words

Opinion

Lead Opinion

Dietrich, J.

In the first count of an information the three appellants were charged with the manufacture of whisky; in the second, with the possession of property designed and intended to be used for that purpose; in the third, with the unlawful possession of whisky; and, in the *755 fourth, with the maintenance of a nuisance. All counts relate to the same time and to the same general place. Doran and Graves were found guilty upon only counts 3 and 4, and Morrison, upon all counts. From appropriate judgments pursuant to the verdict they each appeal.

A motion seasonably made for the suppression of part of the evidence, on the ground that it was obtained through an unlawful search, was beard upon affidavits and oral testimony prior to the trial, and denied. The testimony so adduced is not brought here by bill of exceptions or otherwise, and the order is therefore not open for review.

The only other assignment of substance challenges the sufficiency of the evidence to take the case to the jury. That some one was violating the laws in the several respects charged is conceded. Upon going to the ranch belonging to appellant Morrison, remotely situated in a rough, unsettled section of the country,…

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