Taylor v. United States, 286 U.S. 1 (1932)

Taylor v. United States


No. 693


Argued April 11, 12, 1932
Decided May 2, 1932
286 U.S. 1

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

1. The time for settling a bill of exceptions after a conviction, was extended at the request of the government and expired on a Sunday; counsel for both sides went together to the judge’s chambers to secure his signature on the Saturday preceding, but, failing to find him, agreed to ask for it on the next Monday. This was done, and the bill was then signed pursuant to their agreement. Held that it should be accepted as part of the record because of the exceptional circumstances. P. 4.

2. Suspicion that a person is engaged in violations of the prohibition law, confirmed by the odor of whisky and by peeping through a chink in a garage standing adjacent to his dwelling and part of the same premises, will not justify prohibition officers in breaking into the garage and seizing the whisky for the purpose of obtaining evidence of guilt. P. 5.

55 F.2d 58 reversed.

Certiorari, 285 U.S. 534, to review the affirmance of a conviction under the Prohibition Act.