Edward C. Kuhl v. United States

On April 18, 1962, Edward C. Kuhl was convicted, after a jury trial, on five counts alleging violations of federal counterfeiting laws — four substantive (18 U.S.C. § 474 [1964]) and one conspiracy count ( 18 U.S.C. § 371 [1964] ) We affirmed on September 12, 1963. Kuhl v. United States, 9 Cir., 322 F.2d 582 .

Kuhl thereafter filed in the same criminal proceeding the two motions which are before us on this appeal. One of these motions is denominated, “Motion to Hear Facts and Witnesses and to Determine the Validity of Illegally Seized Evidence.” The other, which is supported by an affidavit and a statement containing allegations of fact and arguments, is entitled, “Motion for Hearing to Determine Legality of Search of Dwelling where Evidence Seized therefrom was Prejudicial to Petitioner.”

By means of these motions, Kuhl questions the admission at his trial of exhibits consisting of articles obtained as the result of a search and seizure which took place at the home and garage of his co-defendant Edward R. Heisler. Among the items in question were the aluminum plates and photographic negatives referred to in the indictment, a photograph of Kuhl, photographic solutions and…