From Casetext: Smarter Legal Research

Mach v. United States

United States Court of Appeals, Fifth Circuit
Nov 29, 1965
352 F.2d 85 (5th Cir. 1965)

Opinion

No. 21934.

October 22, 1965. Rehearing Denied November 29, 1965.

Edward R. Kirkland, Orlando, Fla., for appellants.

Edward F. Boardman, U.S. Atty., Robert B. McGowan, Asst. U.S. Atty., Tampa, Fla., for appellee.

Before JONES and BELL, Circuit Judges, and JOHNSON, District Judge.


We have carefully considered the asserted errors of omission and commission with respect to the charge given on the trial of appellants for conspiracy to violate the Internal Revenue laws relating to distilled spirits. Each assertion is without merit.

It is also claimed that the District Court erred in admitting in evidence tape recordings made of a telephone conversation between a government witness and one of appellants by the witness. Appellants contend that the recordings were in violation of the federal wire tap statute, 47 U.S.C.A. § 605 and hence were inadmissible. This contention likewise is without merit. Rathbun v. United States, 1957, 355 U.S. 107, 78 S.Ct. 161, 2 L.Ed. 2d 134; Hall v. United States, 5 Cir., 1962, 308 F.2d 266; and Carnes v. United States, 5 Cir., 1961, 295 F.2d 598.

Affirmed.


Summaries of

Mach v. United States

United States Court of Appeals, Fifth Circuit
Nov 29, 1965
352 F.2d 85 (5th Cir. 1965)
Case details for

Mach v. United States

Case Details

Full title:Donald Eugene MACH, Rudolph Otto Mach, Ronald Leon Parron, Alwyn Earl…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 29, 1965

Citations

352 F.2d 85 (5th Cir. 1965)

Citing Cases

Williams v. State

"The recording of a telephone conversation made by placing an induction coil on a previously placed and…

Scott v. United States

There was ample foundation for an inference to the effect that no such stamps were affixed. Rowe v. United…