Legal Opinion

United States v. Messina

Court of Appeals for the Second Circuit

Decided December 2, 1929No. 165PublishedCited by 25 opinions

1Opinion of the CourtAugustus N. Hand, Circuit Judge

(after stating the facts as above). The defendant appeals from the judgment of conviction on the ground that (1) the evidence introduced by the government was obtained as a result of an illegal search; (2) there was no evidence that Messina was in possession, custody or control of the still; (3) the charge of the trial judge was erroneous and prejudicial.

There was evidence indicating that the officers went to the place because of a complaint of a» fire violation. This violation, if it existed, was an offense under a state law or a municipal ordinance adopted under state authority. It is…

2Cases cited13 opinions

  1. Haywood v. United StatesCourt of Appeals for the Seventh Circuit · 1920
  2. Remus v. United StatesCourt of Appeals for the Sixth Circuit · 1923
  3. Marsh v. United StatesCourt of Appeals for the Second Circuit · 1928
  4. Goldberg v. United StatesCourt of Appeals for the Fifth Circuit · 1924
  5. Cantrell v. United StatesCourt of Appeals for the Fifth Circuit · 1926

8 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Connolly v. MedalieCourt of Appeals for the Second Circuit · 1932
  2. United States v. BlokCourt of Appeals for the D.C. Circuit · 1951
  3. Cameron v. StateDistrict Court of Appeal of Florida · 1959
  4. Kelley v. United StatesCourt of Appeals for the Eighth Circuit · 1932
  5. United States v. Flora Pepe and Nicholas BuonoCourt of Appeals for the Second Circuit · 1957

20 more not listed; retrieve them via the Exa API.

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