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UNITED STATES v. KELLY

No. 135.

55 F.2d 67 (1932)

UNITED STATES v. KELLY.

Circuit Court of Appeals, Second Circuit.

January 18, 1932.

Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Emanuel Bublick, Asst. U. S. Atty., of Brooklyn, N. Y. and Norman J. Morrison, Special Asst. to Atty. Gen., of counsel), for the United States.

Arthur A. Kestler, of Brooklyn, N. Y. (Anthony A. Marcell, of Brooklyn, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

One Mortimer Kelly was arrested by prohibition agents in the Eastern district of New York upon a charge of having sold to the agents one quart of gin. On the day of the arrest, and before arraignment before a United States commissioner, he was told by the agents that his finger prints must be taken for the use of the Bureau of Prohibition, and that, if he did not permit the finger prints to be taken, they would be taken by force. Kelly...

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