Opinion
Nos. 7746-7755.
February 17, 1938.
Appeal from the District Court of the United States for the Northern District of Ohio; Samuel H. West, Judge.
Herman E. Kohen, William J. Corrigan, and Gerard Pilliod, all of Cleveland, Ohio, Julian C. Ryer, of Chicago, Ill., and C.F. McConnell, Henry Galen, Henry A. Pollack, Stephen M. Young, and Harry F. Glick, all of Cleveland, Ohio, for appellants.
E.B. Freed, U.S. Atty., of Cleveland, Ohio, for the United States.
Before HICKS and SIMONS, Circuit Judges, and O'BRIEN, District Judge.
It appearing upon the record in these appeals that evidence procured by wire tapping constituted a vital factor in the conviction of appellants, and that such testimony is forbidden by section 605 of the Federal Communication Act of 1934, 47 U.S.C.A. § 605 (see Frank Carmine Nardone et al. v. United States of America, 58 S.Ct. 275, 82 L.Ed. ___, decided by the Supreme Court December 20, 1937), it is therefore ordered and adjudged that the judgments appealed from be, and the same are, reversed and the cases are remanded to the District Court for new trials.
Reversed and remanded.