United States Supreme Court Cases & Opinions

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