Pugach v. Klein

MacMAHON, District Judge.

These applications by Pugaeh for habeas corpus, mandamus, and warrants, for arrest and search raise once again the vexing question of whether a federal court ought to interfere at the preliminary stage of a state criminal prosecution allegedly resulting from wire tap-evidence obtained in violation of the Federal Communications Act, 47 U.S.C.A. §§ 501, 605, but in compliance with the clashing law of the State of New York. N.Y.Const. art. I, § 12; N.Y.Penal Law § 738 (McKinney 1960); N.Y.Code of Criminal Procedure § 813-a (McKinney 1960).

In pertinent part, Section 605…