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LUSTIG v. UNITED STATES

No. 1389, Oct. Term, 1946.

338 U.S. 74 (1949)

LUSTIG v. UNITED STATES.

Supreme Court of United States.

Reargued October 19, 1948.

Decided June 27, 1949.

Attorney(s) appearing for the Case

Edward Halle argued the cause and filed the briefs for petitioner.

Solicitor General Perlman argued the cause for the United States. With him on the brief on the original argument were Assistant Attorney General Quinn, Robert S. Erdahl, Irving S. Shapiro and Philip R. Monahan. With him on the brief on the reargument were Assistant Attorney General Campbell, Mr. Erdahl and Josephine H. Klein.

MR. JUSTICE FRANKFURTER announced the judgment of the Court and an opinion in which MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY and MR. JUSTICE RUTLEDGE join.

This is a prosecution under the counterfeiting statutes. Rev. Stat. § 5430, 35 Stat. 1088, 1116, 18 U. S. C. (1946 ed.) § 264 (now § 474). The sole question before us is the correctness of the denial of a pretrial motion, sustained by the Court of Appeals for the Third Circuit, 159...

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