United States v. Fallon

Second Circuit

United States v. Fallon

112 F.2d 894, 1940 U.S. App. LEXIS 4436

CourtCourt of Appeals for the Second Circuit

DecidedJune 10, 1940

DocketNo. 348

StatusPublished

Cited by5 cases

This text of 112 F.2d 894 (United States v. Fallon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Fallon, 112 F.2d 894, 1940 U.S. App. LEXIS 4436 (2d Cir. 1940).

Pincite

Opinions

PER CURIAM.

This case is controlled by the opinion handed down herewith in the case of United States v. Polakoff, 112 F.2d 888. The- declarations of the accused over the telephone were even more damaging than in Polakoff’s case, and certainly determined the verdict. A recording apparatus was interposed in the telephone circuit in the house of the prosecution’s chief witness, Reilly, who was then acting in conjunction with agents of the Federal Bureau of Investigation. After all had been arranged Reilly called up the accused and their talk was recorded. This was repeated at another time and from another house. We see no reason for adding to what we have already said in the companion case.

Judgment reversed; new trial ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This case is controlled by the opinion handed down herewith in the case of United States v. Polakoff, 112 F.2d 888. The- declarations of the accused over the telephone were even more damaging than in Polakoff’s case, and certainly determined the verdict. A recording apparatus was interposed in the telephone circuit in the house of the prosecution’s chief witness, Reilly, who was then acting in conjunction with agents of the Federal Bureau of Investigation. After all had been arranged Reilly called up the accused and their talk was recorded. This was repeated at another time and from another house. We see no reason for adding to what we have already said in the companion case.

Judgment reversed; new trial ordered.

Cite This Page — Counsel Stack

Bluebook (online)

112 F.2d 894, 1940 U.S. App. LEXIS 4436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fallon-ca2-1940.

Opinions

Related

Cite This Page — Counsel Stack