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11 F.2d 607

Docket No. 4629.

Incardonia v. United States

Fifth Circuit Court of Appeals

Decided February 20, 1926.)

Fifth Circuit Court of Appeals · decided 1926-02-20

Cited by 3 later decisions — most recently December 1953

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1926-02-20

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¶1Criminal law <§=>1059(2).

¶2Part of charge complained of, not separately excepted to, held not properly presented for review.

¶3In Error to District Court of the United States for the Eastern District of Louisiana; Charles R. Beattie, Judge.

¶4Vincent Incardonia was convicted of violating the National Prohibition Act, and he brings error.

¶5Affirmed.

¶6Clarence J. Dowling, of New Orleans, La., for plaintiff in error.

¶7Wayne G. Borah, U. S. Atty., and Arthur A. De la Houssaye, Asst. U. S. Atty., both of New Orleans, La.

¶8Before WALKER, BRYAN, and FOSTER, Circuit Judges.

¶9PER CURIAM.

¶10The plaintiff in error, who was convicted of violations of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138% et seq.), complains of the overruling of a motion to quash a search warrant, and of part of the charge given by the court. The motion to quash the search warrant was based on allegations to the effect that the premises searched were not those described in the search warrant. The record does not show that the evidence was such as to require the conclusion that those allegations were sustained. There was evidence tending to prove that the premises searched were those described in the search warrant. The part of the court’s charge which is complained of is not properly presented for review, as it was not separately excepted to, the exception reserved being to the charge as a whole. Obviously, much of the charge was' not subject to objection.

¶11The judgment is affirmed.

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