Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division; John P. Barnes, Judge.
Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.
Appellant was charged with having attempted to bribe an officer in the prohibition department. The jury found him guilty, and the court imposed a penitentiary sentence upon him.
The assignments of error deal with the admission of evidence and the overruling of defendant's motion in arrest of judgment, because of the alleged insufficiency of the indictment, and the want of sufficient evidence to support the conviction.
The specific attack, under the alleged errors in receiving evidence over objection, is directed to the testimony of prohibition agents who obtained their evidence upon a search of appellant's premises without a proper search warrant. Another objection to the evidence goes to the testimony of a post office representative, whose testimony bore upon the sufficiency of the description of appellant's premises as set forth in the search warrant.
The warrant upon which the search was made described the premises as 4807 West 22nd Street, Chicago, Illinois. The evidence showed that there is a 22nd Street in Chicago which runs east and west. It enters Cicero, which is outside of Chicago, and continues under the name of 22nd Street. However, the limit of the Chicago area is 4800 West 22nd Street. West of this number is Cicero. Mr. Kettering, an experienced man in the Chicago Post Office, testified that a letter addressed to 4807 West 22nd Street, Chicago, Illinois, would be delivered to the party residing at 4807 West 22nd Street in the town of Cicero. He also said that 4800 is the boundary line between Chicago and Cicero, and that there was no such address as 4807 West 22nd Street, Chicago, Illinois.
In addition to describing the premises as "4807 West 22nd Street, Chicago, Illinois," both the affidavit and the search warrant described it as being an Italian restaurant with a two-story garage facing an alley at the rear, as part of the same premises.
In Steele v. United States, 267 U.S. 503, 45 S. Ct. 414, 416, 69 L. Ed. 757, the court says:
"It is enough if the description is such that the officer with a search warrant can, with reasonable effort ascertain and identify the place intended."
The case of Rose v. United States (C.C.A.) 45 F.2d 459, is directly in point and upholds the sufficiency of the description.
We see no legitimate objection to the testimony of the Chicago Post Office employee, who accurately described the situation. He testified to facts and not to conclusions. The fact that a mail carrier would deliver a letter addressed 4807 West 22nd Street, Chicago, to its proper destination, even though in Cicero, a different municipality, is some proof that an officer with a search warrant could with reasonable effort ascertain and identify the place intended.
Appellant's contention that Caffey, the prohibition agent, was not lawfully on the premises, and therefore was not subject to the bribe, must also be rejected. Caffey was not a trespasser on the premises. He was there, lawfully, acting in an official capacity, pursuant to the commands of a valid search warrant. He was therefore clearly such a person as is described in the statute, the giving of a bribe to whom, would be an offense.
Appellant challenges the sufficiency of the indictment, basing his attack upon the pleader's failure to allege knowledge that ...