UNITED STATES v. GARNES

No. 364, Docket 24956.

258 F.2d 530 (1958)

UNITED STATES of America, Appellee, v. Mary Lee GARNES, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 8, 1958.


Attorney(s) appearing for the Case

Malcolm Monroe, New York City, for defendant-appellant.

Donald H. Shaw, Asst. U. S. Atty., S. D. N. Y., New York City (Paul W. Williams, U. S. Atty., and William K. Zinke, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before CLARK, Chief Judge, and SWAN and LUMBARD, Circuit Judges.


CLARK, Chief Judge.

Defendant appeals from a judgment of conviction for illegal possession of narcotics in violation of 21 U.S.C. §§ 173, 174, and 26 U.S.C. §§ 4724(c), 7237(a). The errors alleged are that the trial court allowed the prosecution to place in evidence the fruits of an illegal search and seizure, that it erred in instructing the jury as to the elements of a violation of 21 U.S.C. §§ 173, 174, and that the court was without...

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