MILLER, District Judge.
The defendant, Richard J. Sully, has made application in this independent proceeding to suppress the evidence obtained by agents of the Alcohol Tax Unit of the Treasury Department in the search of his house at 53 Crosby Place, New Rochelle, N.Y., on June 9, 1944. The search was made without a warrant.
The agents placed the house under observation on the morning of June 8th, at which time they detected an odor of fermenting mash coming...
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