No. 178 | 2d Cir. | Jan 23, 1939
Judgment affirmed.
On Petition for Rehearing.
The petition for rehearing is denied. If the evidence obtained by search of the defendant’s automobile was legally obtained, the defendant’s guilt was for the jury. According to the government’s witness, he was invited by the defendant to make the search. Apparently the trial judge credited this testimony; indeed, there was no direct denial of it. Accordingly we adhere to our affirmance of the judgment.