United States v. Tempone, 295.
| Decision Date | 11 June 1943 |
| Docket Number | No. 295.,295. |
| Parties | UNITED STATES v. TEMPONE. |
| Court | U.S. Court of Appeals — Second Circuit |
Abraham Solomon, of New York City, for appellant.
Mathias F. Correa, U. S. Atty., of New York City (Arthur H. Taylor, Asst. U. S. Atty., of New York City, of counsel), for appellee.
Before SWAN, CHASE, and CLARK, Circuit Judges.
A jury having been duly waived, the appellant was tried before the district judge and found guilty. The only contested issue was whether he had voluntarily consented to the search of his bedroom where the narcotic agents discovered the narcotics and marihuana cigarettes upon which the indictment was based. Three agents testified that he had; the appellant testified to the contrary. The trial judge accepted the testimony of the agents. Hence the appeal raises only a question of the credibility of witnesses. The record discloses nothing which would justify a reversal on such an issue. See United States v. Jankowski, 2 Cir., 28 F.2d 800, 802; Marsh v. United States, 2 Cir., 29 F.2d 172, 173, certiorari denied 279 U.S. 849, 49 S.Ct. 346, 73 L.Ed. 992; United States v. Bianco, 2 Cir., 96 F.2d 97, 98; United States v. Adelman, 2 Cir., 107 F.2d 497, 499; De Lapp v. United States, 8 Cir., 53 F.2d 627, certiorari denied 284 U.S. 684, 52 S.Ct. 200, 76 L.Ed. 577.
Judgment affirmed.
To continue reading
Request your trial
-
United States v. Siegel, 62.
...evidence amply supports the court's finding that they were turned over to the agents with Siegel's voluntary consent. See United States v. Tempone, 2 Cir., 136 F.2d 538. Denial of the requested postponement of trial was a matter within the court's discretion and was well handled. No abuse o......