Thomas v. United States

Sixth Circuit

Thomas v. United States

128 F.2d 617, 1942 U.S. App. LEXIS 3656

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 12, 1942

DocketNo. 9172

StatusPublished

This text of 128 F.2d 617 (Thomas 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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Thomas v. United States, 128 F.2d 617, 1942 U.S. App. LEXIS 3656 (6th Cir. 1942).

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Opinion

PER CURIAM.

This cause was heard upon the transcript of the record, briefs and arguments of counsel, and it appearing that the appeal is from an order denying appellant’s motion filed on December 30, 1941, to suppress evidence obtained by virtue of an alleged invalid search warrant, and for the return of property seized thereunder; and it further appearing that the principal purpose of the motion was to suppress evidence which appellee proposed to use in the prosecution of an indictment against appellant and others returned December 19, 1941, which had not been disposed of, and that the motion was so closely associated with the criminal proceeding as to be a part of it; and the court being of the opinion that the order appealed from is therefore interlocutory only and not ap-pealable within the meaning of Sec. 128 of the Judicial Code, 28 U.S.C.A. § 225.

It is therefore ordered and adjudged upon the authority of Cogen v. United States, 278 U.S. 221, 49 S.Ct. 118, 73 L.Ed. 275, that the appeal be and the same is dismissed.

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PER CURIAM.

This cause was heard upon the transcript of the record, briefs and arguments of counsel, and it appearing that the appeal is from an order denying appellant’s motion filed on December 30, 1941, to suppress evidence obtained by virtue of an alleged invalid search warrant, and for the return of property seized thereunder; and it further appearing that the principal purpose of the motion was to suppress evidence which appellee proposed to use in the prosecution of an indictment against appellant and others returned December 19, 1941, which had not been disposed of, and that the motion was so closely associated with the criminal proceeding as to be a part of it; and the court being of the opinion that the order appealed from is therefore interlocutory only and not ap-pealable within the meaning of Sec. 128 of the Judicial Code, 28 U.S.C.A. § 225.

It is therefore ordered and adjudged upon the authority of Cogen v. United States, 278 U.S. 221, 49 S.Ct. 118, 73 L.Ed. 275, that the appeal be and the same is dismissed.

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128 F.2d 617, 1942 U.S. App. LEXIS 3656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-united-states-ca6-1942.

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