Murphy v. United States

(after stating the facts as above). As each defendant has separate assignments of error, and the position of each is different from that of his alleged co-conspirator, it becomes necessary to approach each assignment of error from the point of view of each defendant.

Volanti’s contention that the money taken from the till in his store (4 of the $1 bills originally in the stolen mail pouch) without a search warrant could not be used as evidence against him is so well taken that discussion is unnecessary. It is elementary that the defendant’s borne and his store cannot be lawfully searched or…