Opinion
No. 178.
January 23, 1939. Rehearing Denied March 1, 1939.
Appeal from the District Court of the United States for the Eastern District of New York.
Mitchell Uwanawich was convicted for buying, selling, dispensing, and distributing morphine and for receiving, concealing, buying and selling morphine after it had been imported into the United States, the conviction being based upon the finding of a quantity of morphine in the defendant's automobile, and he appeals.
Judgment affirmed.
Louis J. Castellano and Kenneth Vought, both of Brooklyn, N Y (Arthur L. Burchell and Louis J. Castellano, both of Brooklyn, N Y, of counsel), for appellant.
George Gordon Battle, of New York City, for appellant on rehearing.
Michael F. Walsh, U.S. Atty., of Brooklyn, N.Y. (Vine H. Smith, Asst. U.S. Atty., of Brooklyn, N.Y., of counsel), for the United States.
Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
On Rehearing before SWAN and AUGUSTUS N. HAND, Circuit Judges.
Judgment affirmed.
On Petition for Rehearing.
The petition for rehearing is denied.
If the evidence obtained by search of the defendant's automobile was legally obtained, the defendant's guilt was for the jury. According to the government's witness, he was invited by the defendant to make the search. Apparently the trial judge credited this testimony; indeed, there was no direct denial of it. Accordingly we adhere to our affirmance of the judgment.