Schiller v. United States

Ninth Circuit

Schiller v. United States

35 F.2d 865, 1929 U.S. App. LEXIS 3100

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 12, 1929

DocketNo. 5813

StatusPublished

Cited by4 cases

This text of 35 F.2d 865 (Schiller v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schiller v. United States, 35 F.2d 865, 1929 U.S. App. LEXIS 3100 (9th Cir. 1929).

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Opinion

RUDKIN, Circuit Judge.

The appeal in this ease is wholly without merit. The information charged the unlawful sale of intoxicating liquor, the unlawful possession of intoxicating liquor, and the maintenance of a common nuisance. The jury returned a verdict of not guilty on the sale count and guilty on the possession and nuisance counts. The testimony was ample to support the verdict on the two latter counts. There is "a suggestion in the record that a search of the premises occupied by the appellant under a search warrant was illegal because the jury returned a verdict of not guilty on the sale count, but no such question was raised in the court below. In any event, the proceedings relating to the search warrant are not in the' record, and the validity of the warrant depended upon the showing made at the time of its issuance, and not upon the ultimate verdict of the jury.

The judgment is affirmed.

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RUDKIN, Circuit Judge.

The appeal in this ease is wholly without merit. The information charged the unlawful sale of intoxicating liquor, the unlawful possession of intoxicating liquor, and the maintenance of a common nuisance. The jury returned a verdict of not guilty on the sale count and guilty on the possession and nuisance counts. The testimony was ample to support the verdict on the two latter counts. There is "a suggestion in the record that a search of the premises occupied by the appellant under a search warrant was illegal because the jury returned a verdict of not guilty on the sale count, but no such question was raised in the court below. In any event, the proceedings relating to the search warrant are not in the' record, and the validity of the warrant depended upon the showing made at the time of its issuance, and not upon the ultimate verdict of the jury.

The judgment is affirmed.

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Bluebook (online)

35 F.2d 865, 1929 U.S. App. LEXIS 3100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schiller-v-united-states-ca9-1929.

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