Malone

The instant appeal is prosecuted from the denial of a motion to suppress certain evidence. The indictment charged transportation and possession of liquor contrary to the terms of the National Prohibition Act (27 USCA), and further that the defendant had previously been convicted of transportation of intoxicating liquor, in a federal court.

The circumstances hereinafter set out are found either in the affidavits upon the motion to suppress, or in the evidence given at the trial. A government investigator knew one Dean was dealing in liquor, and that Charles Malone was his partner, and that the two had a delivery system, and on July 27, 1932, this officer had purchased liquor from Dean at the “White Spot” in Everett, Wash., and had also investigated defendant Malone. Some time about two weeks before the indictment in question, one of the agents, using the name of “Kane” or “Kinney,” called Main 243, Everett, and talked to a woman who promised a delivery of two quarts of gin at 'the “White Spot.” After waiting a half hour, this agent, on failure of the liquor to appear, again called the same number, which was answered by Dean, who said he did not know “Kane,” and that he had asked…