The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 42
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272 FEDERAL REPORTER
The plaintiff in error was the defendant below and is hereinafter referred
to as the defendant. An information was filed against the defendant by the
'United States attorney which charged that on the 4th and 5th days of March,
1920, in the Southern district of New York, the defendant unlawfully, will-
fully, and knowingly maintained a common nuisance at a place particularly
described in Nex York ('Cty where intoxicating liquor, to wit, whiNky, brandy,
gin, and wine, containing more than one-half of 1 per cent. of alcohol Uy
volume, and fit for use for beverage purposes, was sold, kept. and bartered, in
violation of title 2 of the National Prohibition Act, being the Act of October
28, 1911 (41 Stat. 307). The jury returned a verdict of guilty on June 8,
1920, and the defendant was sentenced to imprisonment for 60 days in the
New York City prison and to pay a fine of $100
The government's evidence showed that on March 5, 1920, certain police
officers attacned to the Special Service Division of the New York Police De-
partment entered, without a search warrant, a saloon and restaurant in New
York City having on the outside the sign "Wiggins Hotel." The officer who
first entered asked for a glass of whisky and was served by the bartender
Then another officer entered and tasted the drink and found it to be whisky
and arrested the bartender. The bartender broke two bottles behind the
bar. He then showed the officers a closet behind the bar containing a large
number of demijohns and bottles containing liquid and labeled variously
champagne, whisky, and gin. In a short time Wiggins came in. He told
the officers he was the proprietor, that he had been arrested only yesterday,
that he had had this "stuff" only a few days, and that it had cost a lot of
money, and he asked them whether the affair could not be fixed up, and
whether they could not leave the liquor or a portion of it. He himself
stated that the demijohns contained whisky and sherry. One of the officers
elized three bottles which he took from behind the bar and sealed them and
took to a chemist. The whisky which was served in the glass to the officer
wuo had asked for whisky was put into a small bottle and carried off by
the officers. The chemist testified that the (ontents of all the liquor
given to him contained more than one-half of 1 per centum of alcohol by
volume. The defendant rested on the government's case, offering no evi-
George L. Donnellan, of New York City, for plaintiff in error.
Francis G. Caffey, C[. S Atty., of New York City (Albert C. Roth-
well, Asst. U. S. Atty.. of New York City, of counsel), for the United
Before ROGERS, HOUGH, and MANTON, Circuit Judges.
ROGERS, Circuit Judge (after stating the facts as above). The
defendant asks this court to reverse the judgment of conviction which
has been pronounced upon him, and to dismiss the information.
 A motion to dismiss the information and discharge the de-
fendant was made at the close of the defendant's case The motion
was made upon the ground that the government had failed to make out
its case. This was predicated upon the theory that it was necessary
on the part of the government to show knowledge on the part of the
defendant of the sales made or alleged to have been made of liquors
by the man employed there, and that there was not sufficient evidence
before the court even to show ownership of the premises in the de-
fendant. The court denied the motion and an exception was taken.
The National Prohibition Act, tit. 2, 21, provides as follows:
"Any room, house, building, boat, vehicle, structure, or place where intoxi-
cating liquor is manufactured, sold, kept, or bartered in violation of this
title, and all intoxicating liquor and property kept and used in maintaining
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/64/: accessed April 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.