UNITED STATES v. KELLY


51 F.2d 263 (1931)

UNITED STATES v. KELLY.

District Court, E. D. New York.

April 15, 1931.


Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (J. Bertram Wegman, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

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


INCH, J.

From the motion papers it appears that one Mortimer Kelly was arrested on the 16th day of February, 1931, by prohibition agents, charged with having sold to an agent a quart of gin. He was thereupon arraigned before a United States commissioner. It does not appear what has happened further in the case. I infer however, if held by the commissioner, he has not as yet been tried.

It further appears that immediately after his arrest and before his arraignment...

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