United States v. Garnes - United States Court Of Appeals Second Circuit

United States v. Garnes

By United States Court Of Appeals Second Circuit

  • Release Date: 1958-08-08
  • Genre: Law
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United States v. Garnes by United States Court Of Appeals Second Circuit epub - ebook - audiobook

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Defendant appeals from a judgment of conviction for illegal possession of narcotics in violation of 21 U.S.C. §§ 173, 174, and 26 U.S.C. §§ 4724(c), 7237(a). The errors alleged are that the trial court allowed the prosecution to place in evidence the fruits of an illegal search and seizure, that it erred in instructing the jury as to the elements of a violation of 21 U.S.C. §§ 173, 174, and that the court was without jurisdiction to try the defendant because the grand jurys indictment against her was based on a transcript of her involuntary testimony before another grand jury. The latter ground was the subject of a motion in arrest of judgment which Judge Dawson denied in a reasoned opinion reported in 156 F.Supp. 467.

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