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SAMSON v. UNITED STATES

No. 2221.

26 F.2d 769 (1928)

SAMSON et al. v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

June 13, 1928.

Attorney(s) appearing for the Case

Essex S. Abbott, of Boston, Mass. (Leo A. Rogers, Joseph V. Carroll, and Abbott & Carroll, all of Boston, Mass., and Thomas J. McGauley, of Providence, R. I., on the brief), for plaintiffs in error.

Joseph E. Fitzpatrick, Asst. U. S. Atty., of Providence, R. I., and John S. Murdock, U. S. Atty., of Providence, R. I.

Before BINGHAM and JOHNSON, Circuit Judges, and BREWSTER, District Judge.

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

The original motion to suppress the evidence obtained by the search and seizure was not made too late, even if, as the government contends, it was made immediately after the jury was sworn. Amos v. United States, 255 U.S. 313, 41 S.Ct. 266, 65 L. Ed. 654. But, according to the record, this motion was made and heard before the case was called for trial and before the jury was...

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