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W. Rice v. United States

Circuit Court of Appeals, First Circuit
Jun 4, 1928
27 F.2d 129 (1st Cir. 1928)

Opinion

No. 2182.

June 4, 1928.

In Error to the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge.

On petition for rehearing.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.


The United States has filed a motion for rehearing since the announcement of our opinion in the above case. 24 F.2d 479.

In Murby v. United States, 293 F. 849, where the proceedings were under and by virtue of a search warrant, this court held that "what would have happened, or have been found, if the officers had proceeded without process, is a matter of pure conjecture, in which we need not indulge," to which we adhere.

It will be noted, also, that in the present case search and seizure was not made as incidental to the arrest, but that the arrest was made following the search and seizure.

Petition is denied.


Summaries of

W. Rice v. United States

Circuit Court of Appeals, First Circuit
Jun 4, 1928
27 F.2d 129 (1st Cir. 1928)
Case details for

W. Rice v. United States

Case Details

Full title:George W. RICE et al., Defendants, Plaintiffs in Error, v. UNITED STATES…

Court:Circuit Court of Appeals, First Circuit

Date published: Jun 4, 1928

Citations

27 F.2d 129 (1st Cir. 1928)

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