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United States v. Labowitz

United States Court of Appeals, Ninth Circuit
Aug 31, 1970
430 F.2d 1308 (9th Cir. 1970)

Opinion

No. 25455.

August 31, 1970.

James N. Penrod (argued), Penrod Himelstein, San Francisco, Cal., for defendant-appellant.

Robert L. Meyer, U.S. Atty., David B. Fox (argued), Asst. U.S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and POWELL, District Judge.

Hon. Charles L. Powell, United States District Judge for the Eastern District of Washington, sitting by designation.


Appellant was convicted after trial by the court for interstate transportation of forged securities. 18 U.S.C. § 2314.

While the warrant for arrest had issued on an affidavit that had incorrectly referred to the securities as stolen (rather than forged), the arresting officer, on the basis of information supplied by the Los Angeles office of the FBI, had knowledge of the true facts and of appellant's involvement with the securities. This was sufficient to constitute probable cause to believe appellant guilty of the crime charged. The arrest was proper under Ferganchick v. United States, 374 F.2d 559 (9th Cir. 1967). The handwriting exemplars obtained were thus admissible. The evidence was sufficient to support conviction.

Judgment affirmed.


Summaries of

United States v. Labowitz

United States Court of Appeals, Ninth Circuit
Aug 31, 1970
430 F.2d 1308 (9th Cir. 1970)
Case details for

United States v. Labowitz

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Bernard Joseph LABOWITZ…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 31, 1970

Citations

430 F.2d 1308 (9th Cir. 1970)

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