SCHROEDER v. UNITED STATES

No. 318.

7 F.2d 60 (1925)

SCHROEDER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 4, 1925.


Attorney(s) appearing for the Case

Griffiths & Content, of New York City (Charles H. Griffiths and Clarence V. Opper, both of New York City, of counsel), for plaintiff in error.

William Hayward, and Emory R. Buckner, U. S. Dist. Attys., both of New York City (John M. Cashin, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before ROGERS, MANTON, and HAND, Circuit Judges.


ROGERS, Circuit Judge (after stating the facts as above).

It appears that, before the jury was impaneled or sworn, his counsel moved, upon an agreed statement of facts, that the information be dismissed. In making this motion, counsel relied on the claim that the evidence relied on by the government was obtained in violation of the constitutional rights of the defendant as secured to him under the Fourth and Fifth Amendments to the Constitution.

The Fourth...

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