District Court, E.D. New York September 25, 1933, No. 3009 (The Felicia)

BYERS, District Judge.

This is a motion made September 20, 1933, to suppress evidence, by a defendant who has been held by a United States Commissioner upon a complaint verified August 19, 1933, by a boatswain’s mate in the .Coast Guard, but no information or indictment has been filed.

The petitioner was acting as master of the pleasure motor yacht Felicia on August 18, 1933, when at about 10 a.