Legal Opinion
United States v. Physic
Court of Appeals for the Second Circuit
Decided June 20, 1949No. 228, Docket 21186PublishedCited by 27 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. Physic’s acquittal in the criminal action is not an adjudication on which he can rely here; Helvering v. Mitchell, 303 U.S. 391, 397, 58 S.Ct. 630, 82 L.Ed. 917. Nor is the ruling on the motion to suppress made in that criminal action an adjudication adverse to him on which the government can rely here; for that ruling, being interlocutory, was not appealable until final judgment, and, after Physic’s acquittal, he could not appeal.
2. It has been assumed that, under Carroll v. United States, 267 U.S. 132, 160, 161, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790, and Husty v.…
2Cases cited6 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- United States v. Di ReSupreme Court of the United States · 1948
- Helvering v. MitchellSupreme Court of the United States · 1938
- Trupiano v. United StatesSupreme Court of the United States · 1948
- Husty v. United StatesSupreme Court of the United States · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
- Suarez v. CommissionerUnited States Tax Court · 1972
- Nannie v. Compton v. United States of AmericaCourt of Appeals for the Fourth Circuit · 1964
- Sherman v. JacobsonDistrict Court, S.D. New York · 1965
- Ted's Motors, Inc., a Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1954
22 more not listed; retrieve them via the Exa API.