Mascari v. United States

Sixth Circuit

Mascari v. United States

85 F.2d 569, 1936 U.S. App. LEXIS 4177

CourtCourt of Appeals for the Sixth Circuit

DecidedMarch 10, 1936

DocketNo. 7287

StatusPublished

This text of 85 F.2d 569 (Mascari v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mascari v. United States, 85 F.2d 569, 1936 U.S. App. LEXIS 4177 (6th Cir. 1936).

Pincite

Opinion

PER CURIAM.

The court being of the opinion that the averments of the affidavit upon which the warrant authorizing a search of appellant’s premises was issued were insufficient to constitute 'probable cause to believe that appellant was possessing or concealing whisky or other distilled spirits which did not have affixed to the containers thereof a stamp evidencing payment of all Internal Revenue taxes imposed thereon, or upon which the tax imposed' by law had not been paid, and that it was therefore prejudicial error to overrule appellant’s motion to quash the search warrant and suppress the evidence secured thereunder.

It is. ordered that the judgment be and the same is reversed and the cause remanded for a new trial.

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PER CURIAM.

The court being of the opinion that the averments of the affidavit upon which the warrant authorizing a search of appellant’s premises was issued were insufficient to constitute 'probable cause to believe that appellant was possessing or concealing whisky or other distilled spirits which did not have affixed to the containers thereof a stamp evidencing payment of all Internal Revenue taxes imposed thereon, or upon which the tax imposed' by law had not been paid, and that it was therefore prejudicial error to overrule appellant’s motion to quash the search warrant and suppress the evidence secured thereunder.

It is. ordered that the judgment be and the same is reversed and the cause remanded for a new trial.

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Bluebook (online)

85 F.2d 569, 1936 U.S. App. LEXIS 4177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mascari-v-united-states-ca6-1936.