Salvatore Billeci v. United States

On January 27, 1960 an indictment was returned against appellant charg ing him under Title 21, section 174 of the United States Code Annotated with the concealment of heroin which had been imported into the United States contrary to law. A jury trial was held and a verdict of guilty returned. Judgment was entered against appellant and sentence imposed on April 28, 1960 and a timely notice of appeal was filed.

Appellant urges two grounds for reversal of his conviction. First, it is claimed that his arrest was illegal and thus any evidence taken from his person at that time was illegally seized and therefore inadmissible. Second, it is alleged that certain remarks or statements made by the trial judge during the course of the trial prevented appellant from having a fair trial. It is to be noted that during the trial and on this appeal appellant was represented by counsel of his own choice.

It is conceded that no motion to suppress the alleged illegally seized evidence, as required by Rule 41(e), Fed. Rules Crim.Proc., 18 U.S.C.A., was made before or during the trial nor was any objection raised by appellant when the evidence was admitted. Further, appellant made no objection or…