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UNITED STATES v. MIDDLETON

No. 389, Docket 29453.

344 F.2d 78 (1965)

UNITED STATES of America, Appellee, v. Herbert H. MIDDLETON, Jr., Appellant.

United States Court of Appeals Second Circuit.

Decided April 5, 1965.

Attorney(s) appearing for the Case

Jonathan L. Rosner, New York City, for appellant.

John F. X. Peloso, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, Neal J. Hurwitz, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE, KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge:

Contending that certain incriminating material was unlawfully obtained by federal officers and therefore inadmissible at his trial, Herbert H. Middleton, Jr., appeals from a judgment of conviction, entered after a non-jury trial, for violating 18 U.S.C. § 641 by stealing a calculating machine belonging to the United States Navy. Found guilty, in the main, on allegedly tainted handwriting specimens and inculpatory statements,

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