Delaney v. United States
263 U.S. 586 (1924)

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U.S. Supreme Court

Delaney v. United States, 263 U.S. 586 (1924)

Delaney v. United States

No. 354

Argued January 3, 1924

Decided January 21, 1924

263 U.S. 586

Syllabus

1. A district judge is not disqualified by Jud.Code, § 120, from sitting in the circuit court of appeals upon review of a conviction for conspiracy involving no question that had been considered by him in the district court, merely because he had overruled a motion to quash the indictment made by a co-defendant of the plaintiff in error, who was not tried, and in another case, of like character but not involving the plaintiff in error, had overruled a like motion, presided at the trial and sentenced a defendant. P. 263 U. S. 588.

2. Where district court and circuit court of appeals concurred in sustaining a verdict of conviction as founded on sufficient testimony, held that this Court would not reexamine the question. P. 263 U. S. 589.

3. On a prosecution for conspiracy, testimony of one conspirator as to what a deceased coconspirator had told him during the progress of the conspiracy is admissible against a third in the sound discretion of the trial judge. P. 263 U. S. 590.

Affirmed.

Certiorari to a judgment of the Circuit Court of Appeals affirming a conviction and sentence in a prosecution for conspiracy to violate the National Prohibition Act.

Page 263 U. S. 587

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