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Pera v. United States – Case Brief Summary (Federal Court)

In Pera v. United States, 11 F.2d 772 (9th Cir. 1926), the defendant appealed from a judgment of conviction under the National Prohibition Act.

Two revenuers' affidavits supported the search warrant in that case. One affidavit said that the purchases of moonshine whiskey were made on October 25, 1922, while the other affidavit placed the purchases on October 25, 1923.

The court said that "the affidavits on their face are amply sufficient . . . except for a single defect in the first affidavit." Id. at 773.

It appeared "from the testimony that the year 1922 was printed in the blank form, and the officer taking the affidavit neglected to change the date or year from 1922 to 1923." Id.

This "mere clerical error" did not vitiate the warrant. Id.