Opinion

Otis Brown, Jr., and Mary Louise Medley v. United States

  • 255 F.2d 400
  • 1958 U.S. App. LEXIS 4211
Court
Court of Appeals for the Sixth Circuit
Filed
May 7, 1958
Status
Published
On the bench
Martin, McAllister, Jones
Cited by
1 cases
Authority
More cited than 44.9%

The opinion

PER CURIAM.

This appeal was presented in an unusual and irregular way. No briefs were filed and only one copy of the typewritten transcript.

It was argued orally and submitted on improvised citations of authorities in lieu of briefs.

The sole question presented is whether, the jury being waived, the District Judge, over objections of the defendants, properly heard and considered the case, and convicted the defendants upon evidence conceded to have been unlawfully seized by local authorities. It also was conceded that there was no evidence of federal officer participation in the search, either physically or through cooperation or tacit agreement or understanding between local and federal authorities.

The question, some time ago, was decided by this Court in Ford v. United States, 234 F.2d 835 , and by the Seventh Circuit in United States v. Moses, 234 F.2d 124 . See, also, Irvine v. People of State of California, 347 U.S. 128 , 74 S.Ct. 381 , 98 L.Ed. 561 .

Judgment of the District Court affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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