United States v. Scarneos

S.D. New York

United States v. Scarneos

8 F.2d 320, 1925 U.S. Dist. LEXIS 1618

DecidedAugust 13, 1925

StatusPublished

This text of 8 F.2d 320 (United States v. Scarneos) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Scarneos, 8 F.2d 320, 1925 U.S. Dist. LEXIS 1618 (S.D.N.Y. 1925).

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Opinion

GARVIN, District Judge.

This is a motion to quash an information filed herein against the defendant above named. The information charges that the defendant unlawfully, willfully, and knowingly possessed in a drug store at a given address within this district a quantity of intoxicating liquor, to wit, three pints of whisky.

The defendant claims that he had a permit for this whisky. If so, this is a matter of defense. Under the National Prohibition Law it is not necessary in an information to include any defensive negative averments. Section 32, tit. 2, National Prohibition Law (Comp. St. Ann. Supp. 1923, § 10138i/2s).

All the other questions involved in the amended motion may and should be presented at the trial.

The amended motion is therefore denied.

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GARVIN, District Judge.

This is a motion to quash an information filed herein against the defendant above named. The information charges that the defendant unlawfully, willfully, and knowingly possessed in a drug store at a given address within this district a quantity of intoxicating liquor, to wit, three pints of whisky.

The defendant claims that he had a permit for this whisky. If so, this is a matter of defense. Under the National Prohibition Law it is not necessary in an information to include any defensive negative averments. Section 32, tit. 2, National Prohibition Law (Comp. St. Ann. Supp. 1923, § 10138i/2s).

All the other questions involved in the amended motion may and should be presented at the trial.

The amended motion is therefore denied.

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Bluebook (online)

8 F.2d 320, 1925 U.S. Dist. LEXIS 1618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-scarneos-nysd-1925.