United States v. Nardone

L. HAND, Circuit Judge.

This case comes before us now for the third time. The general nature of the charge and the evidence in support of it have been so fully set out in the two opinions of the Supreme Court (302 U.S. 379, 58 S.Ct. 275, 82 L.Ed. 314; 308 U.S. 338, 60 S.Ct. 266, 84 L.Ed. 307), and in our own (2 Cir., 90 F.2d 630 ; 2 Cir., 106 F.2d 41), that we may dispense with any introduction and proceed at once to the points now mooted. The chief of these is whether the information got by “tapping” telephone wires and unlawfully seizing telegrams so far infiltrated the prosecution’s…