Opinion
Nos. 5326-5384, 5193.
March 26, 1934.
Nos. 5326-5384:
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; George A. Welsh, Judge.
No. 5193:
Appeal from the District Court of the United States for the District of New Jersey; John Boyd Avis, Judge.
Petitions, motions, and pleas to reverse the judgments of sentence from which the above-entitled appeals have been taken, to dismiss the proceedings below and discharge the defendants.
See, also, 68 F.2d 50; 47 F. Supp. 668.
Nos. 5326-5384:
James Gay Gordon, Sr., and John R.K. Scott, both of Philadelphia, Pa., John B. Hannum, Jr., of Chester, Pa., Morgan Kaufman, of Scranton, Pa., John E. McDonough, of Chester, Pa., William T. Connor, of Philadelphia, Pa., William C. Alexander, of Media, Pa., Edward D. McLaughlin, of Chester, Pa., Adrian Bonnelly and Bryan A. Hermes, both of Philadelphia, Pa., Paul Lessy, of Chester, Pa., John J. Gilbride, Jr., of Philadelphia, Pa., and Donald H. Hamilton, of Chester, Pa., for appellants.
Chet A. Keyes, of Washington, D.C., and Michael J. Stoney, of Philadelphia, Pa., for appellee.
No. 5193:
Ernest Glickman and Sidney Byer, both of Trenton, N.J., for appellants.
Before BUFFINGTON, WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.
Decisions recently rendered by the Supreme Court in United States v. Chambers Gibson, 291 U.S. 217, 54 S. Ct. 434, 78 L. Ed. ___, 89 A.L.R. 1510, and Massey v. United States, 54 S. Ct. 532, 78 L. Ed. ___, directly rule these motions to reverse and discharge.
Accordingly it is, on this 26th day of March A.D. 1934, ordered that the judgments as entered in the causes of the petitioning or moving defendants be reversed, and the causes, as to them, be remanded to the District Courts, with direction to vacate those parts of their judgments which sentence the named defendants, to dismiss the indictments as to them, and to discharge them, respectively.