Opinion
No. 175.
November 2, 1936.
Appeal from the District Court of the United States for the Southern District of New York.
Proceeding by the United States, on the relation of Frank Carmine Nardone, against Honorable John J. Kelly, United States Marshal for the Southern District of New York, and another, for a writ of habeas corpus in a removal proceeding. From an order dismissing the writ, relator appeals.
Affirmed.
Louis Halle, of New York City, for relator.
Lamar Hardy, U.S. Atty., of New York City (Lester C. Dunigan, Asst. U.S. Atty., of New York City, of counsel), for respondents.
Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
Identification of the appellant as the person named in the indictment was sufficiently established by testimony independent of the testimony received and obtained through wire tapping. Probable cause was shown by the introduction into evidence of a certified copy of the indictment. We express no opinion as to the competency of the additional evidence of identification received by reason of tapping telephone wires and hearing the voice and conversation of the appellant. The effect upon the competency of this evidence by reason of section 605, title 47 U.S.C. (47 U.S.C.A. § 605), we need not consider. There was sufficient identification without this evidence.
Order affirmed.