Luppino

The appellant was convicted on each of two counts of an indictment; the first alleging that he was in possession of certain “intoxicating liquor, to-wit, approximately one hundred and fifty (150) gallons distilled spirits then and there containing more than one-half of one per centum of alcohol by volume and then and there fit for use for beverage purposes”; the second count charged him with transporting the same in a Ford Tudor sedan. The appellant makes two points in support of his appeal: First, that the evidence used against him should have been suppressed by reason of the fact that it was seized in violation of his constitutional rights under the Fourth and Fifth Amendments to the Constitution.

*688 It appears that on the 16th of January, 1932, the defendant was transporting one hundred and fifty gallons of' alcohol in five-gallon tins in his automobile to a garage occupied by James Luppino at 526 So. Fifty-Sixth street, in Tacoma. The prohibition officers were informed that some one intended to make a delivery of whisky to the premises that night, and in pursuance of that information the officers were lying in wait about 1 o’clock on the morning of January 16th. About 1:15…