Otis Brown, Jr., and Mary Louise Medley v. United States

Sixth Circuit

Otis Brown, Jr., and Mary Louise Medley v. United States

255 F.2d 400, 1958 U.S. App. LEXIS 4211

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 7, 1958

Docket13316

StatusPublished

Cited by1 cases

This text of 255 F.2d 400 (Otis Brown, Jr., and Mary Louise Medley v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Otis Brown, Jr., and Mary Louise Medley v. United States, 255 F.2d 400, 1958 U.S. App. LEXIS 4211 (6th Cir. 1958).

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Opinion

PER CURIAM.

This appeal was presented in an unusual and irregular way. No briefs were filed and only one copy of the typewritten transcript.

It was argued orally and submitted on improvised citations of authorities in lieu of briefs.

The sole question presented is whether, the jury being waived, the District Judge, over objections of the defendants, properly heard and considered the case, and convicted the defendants upon evidence conceded to have been unlawfully seized by local authorities. It also was conceded that there was no evidence of federal officer participation in the search, either physically or through cooperation or tacit agreement or understanding between local and federal authorities.

The question, some time ago, was decided by this Court in Ford v. United States, 234 F.2d 835, and by the Seventh Circuit in United States v. Moses, 234 F.2d 124. See, also, Irvine v. People of State of California, 347 U.S. 128, 74 S.Ct. 381, 98 L.Ed. 561.

Judgment of the District Court affirmed.

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