People v. Kelley

George Kelley complains that his conviction upon the charge of occupying an apartment for the purpose of bookmaking, contrary to the provisions of section 337a, subdivision 2, of the Penal Code, was obtained by the use of evidence received in violation of section 605 of the Federal Communications Act (Act of June 19, 1934, c. 652, 48 Stat. 1064, 1103, 47 TJ.S.C. 605, 47 U.S.C.A. 605.) Upon appeal, he challenges an order denying him a new trial upon grounds which raise questions concerning constitutional rights and also the scope of the federal statute.

According to the testimony of police…