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255 F.2d 400

Docket No. 13316.

Brown v. United States

Sixth Circuit Court of Appeals

Decided May 7, 1958.

Sixth Circuit Court of Appeals · decided 1958-05-07

Cited by 2 later decisions — most recently May 1960

1 federal appellate · 1 district ·

2 counsel of record

Relies on Irvine v. People of State of California · Ford v. United States · United States v. Moses

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1958-05-07

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¶1*401Robert W. Zollinger, Louisville, Ky., for appellants.

¶2J. Leonard Walker, Louisville, Ky., for appellee.

¶3Before MARTIN and McALLISTER, Circuit Judges, and JONES, District Judge.

¶4PER CURIAM.

¶5This appeal was presented in an unusual and irregular way. No briefs were filed and only one copy of the typewritten transcript.

¶6It was argued orally and submitted on improvised citations of authorities in lieu of briefs.

¶7The 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.

¶8The 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.

¶9Judgment of the District Court affirmed.

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