August 5, 1932
UNITED STATES (TWO CASES).
Appeal from the District Court of the United States for the District of New Jersey; George M. Bourquin, Judge.
Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.
In these two cases against the same defendant we find no error. Accordingly, they are affirmed. In each case he was driving a truck load of unlabeled beer of unlawful alcoholic content. In the first case he was stopped by a state trooper for high speeding, and the trooper, on looking into his open truck, discovered the barrels.
In the second case the defendant drove a truck which was recognized as having been at a beer drop. He stopped at the cellar entrance of a building which had the appearance of an old-time saloon and went around to its rear door. As he moved away he was whistled to stop, and on inquiry admitted he had on board the twenty unlabeled barrels of beer found therein.
In neither case was there any concert of action or understanding by the state and federal officers, and no unlawful search or seizure was shown.
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