1. Home
  2. Browse Decisions
  3. F.2d
  4. 108 F.2d
  5. 108 F.2d 861 (1940)
 

UNITED STATES v. MURPHY

No. 191.

108 F.2d 861 (1940)

UNITED STATES ex rel. MURPHY v. MURPHY, Warden.

Circuit Court of Appeals, Second Circuit.

January 8, 1940.

Attorney(s) appearing for the Case

Joseph G. M. Browne, of Brooklyn, N. Y., for appellant.

John J. Bennett, Jr., Atty. Gen., of New York, and Henry Epstein, Sol. Gen. (Patrick H. Clune and Bernard L. Alderman, Asst. Attys. Gen., of counsel), for appellee.

Thomas E. Dewey, Dist. Atty., of New York City (Stanley H. Fuld, Asst. Dist. Atty., and Manuel Robbins, Deputy Asst. Dist. Atty., both of New York City, of counsel), amicus curiæ, for Dist. Atty. of New York County.

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

PER CURIAM.

The relator was convicted in the state court of the crime of possessing a machine-gun. The statute making this a crime — § 1897, sub. 1-a of the New York Penal Law, Consol.Laws, c. 40 — provides, among other things, that "the presence of such machine-gun in any room, dwelling, structure or vehicle shall be presumptive evidence of its illegal possession by all the persons occupying the place where such machine-gun is found". The relator...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases