Hall

This is an appeal from a judgment of conviction under three counts of an infoimation charging the unlawful possession of intoxicating liqnor, the unlawful possession of property designed for the manufacture of intoxicating liquor, and the maintenance of a common nuisance. The first and second assignments of errors are based on rulings excluding testimony offered by the appellant and refusing to suppress evidence seized by state officers under a state search warrant. These two assignments will be considered together. The material facts are as follows. The sheriff of Yavapai county, Ariz., obtained a. search warrant from one of the state courts, authorizing tho search of certain promises occupied by the appellant. The affidavit for tho search warrant was on information and belief, and was clearly insufficient under the federal statutes. Byars v. United States, 273 U. S. 28 , 47 S. Ct. 248 , 71 L. Ed. 520 ; Veeder v. United States (C. C. A.) 252 F. 414 ; United States v. Borkowski (D. C.) 268 F. 408 ; Giles v. United States (C. C. A.) 284 F. 208 ; Siden v. United States (C. C. A.) 9 F.(2d) 241 ; Proulx v. United States (C. C. A.) 32 F.(2d) 760 . We do not understand that the…