FEDERAL PRACTICE - APPEAL AND ERROR - HARMLESS ERROR

Authors

Abstract

Plaintiff in error was convicted of illegally transporting intoxicating liquor. Federal officers were permitted to testify over defendant's objection: (1) that they found intoxicating liquor in defendant's automobile parked in his farm-yard; (2) that the radiator of the car was heated as if it had been recently used; (3) that they had followed defendant's car on the highway and into his farm-yard; (4) and that the defendant had admitted to them that he had driven the car. Defendant admitted on the witness stand that he owned both the liquor and the automobile, but denied that the automobile had been used since the previous night. Held, that items (1) and (2) of the above testimony were inadmissible as the evidence had been illegally obtained, and that the errors were prejudicial notwithstanding defendant's admission. Kroska v. United States (C. C. A. 8th, 1931), 51 F.(2d) 330, Stone, J., dissenting.

Recommended Citation

FEDERAL PRACTICE - APPEAL AND ERROR - HARMLESS ERROR, 30 Mich. L. Rev. 623 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss4/18