275 U.S. 106 (1927), 195, Segurola v. United States

Docket Nº:No. 195
Citation:275 U.S. 106, 48 S.Ct. 77, 72 L.Ed. 186
Party Name:Segurola v. United States
Case Date:November 21, 1927
Court:United States Supreme Court
 
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275 U.S. 106 (1927)

48 S.Ct. 77, 72 L.Ed. 186

Segurola

v.

United States

No. 195

United States Supreme Court

Nov. 21, 1927

Argued October 12, 1927

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

1. Under the Organic Act of Porto Rico, an accused person, is entitled to have a copy of the information free of clerk's fees. P. 109.

2. Refusal to furnish the copy free is harmless when the accused, attended by counsel, waived the reading of the information and pleaded not guilty. P. 110.

3. Where evidence of a search and seizure of intoxicating liquor, including the liquor itself, clearly proved defendants guilty of illegal transportation, and was introduced without objection to the search and seizure, refusal to require a police officer on cross-examination to give the name of the person from whom he obtained information leading to the search, and refusal to sustain a motion to suppress the liquor as evidence upon the ground that the search and seizure were illegal, were not prejudicial. P. 111.

4. In a prosecution for transporting intoxicating liquor, the objection that the liquor was obtained by a search and seizure instituted without warrant or probable cause comes too late when raised for the first time after the liquor has been offered in evidence and admitted. P. 111.

16 F.2d 563 affirmed.

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Certiorari, 274 U.S. 729, to a judgment of the circuit court of appeals which affirmed the conviction of the petitioners, in the District Court of the United States for Porto Rico, of the offense of transporting intoxicating liquors in violation of the National Prohibition Act.

TAFT, J., lead opinion

MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.

This is a review of a sentence against the petitioners upon a criminal information, filed in the district court of the United States for Porto Rico, charging in the first count possession, and in the second count transportation, of intoxicating liquors in violation of the National Prohibition Act. The conviction on the possession count was set aside by the circuit court of appeals, so that only the second count is here involved. Upon arraignment, petitioners waived a reading of the information and pleaded not guilty. Their counsel thereupon requested that they be furnished with a copy of the information free of charge. The request was denied by the court and an exception noted, the trial court stating that the defendants and their counsel were free to examine the information and to make copies themselves, or have the clerk make them on payment of his fee.

At the trial, Alfonso Ceballos, Chief of Police at Carolina, Porto Rico, testified for the prosecution that, having received a confidential telephone message that Segurola was driving a Buick automobile with a load of liquor from

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Luquillo to Loiza, he procured one Ismael Colon to drive him in a Ford car out to a point on the road where he awaited the appearance of the Buick machine; that, when that car appeared, he tried to intercept it by obstructing...

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