FULLER v. UNITED STATES

No. 321.

31 F.2d 747 (1929)

FULLER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 1, 1929.


Attorney(s) appearing for the Case

Edgar F. Hazleton, of Jamaica, N. Y., for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (Radcliffe Swinerton and Elbridge Gerry, Sp. Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


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

Although the ledger of the New England Tobacco Company may be treated as having been in the possession of the defendant when it was subpœnaed, it was a book which had to do wholly with corporate matters, and the evidence it contained which tended to incriminate the respondent was in the book solely because it was a part of the records of the corporation. The defendant asks us in effect to disregard the...

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