UNITED STATES v. KOZAN

No. 25873.

37 F.2d 415 (1930)

UNITED STATES v. KOZAN et al.

District Court, E. D. New York.

Rehearing Denied February 13, 1930.


Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., and Herbert H. Kellogg, Asst. U. S. Atty., both of Brooklyn, N. Y. (Henry G. Singer, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Arthur A. Kestler, of Brooklyn, N. Y., for defendant Kozan.


BYERS, District Judge.

Motion to restrain the United States Attorney from using upon the trial of an indictment found against the defendant any of the evidence obtained directly or indirectly as the result of an alleged unlawful and illegal search.

The evidence objected to consists apparently of the proposed testimony of Patrolman August H. Schupp, a police officer of the city of New York; three marked bottles, containing gin as to two, and colored alcohol...

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