Cummings v. United States

Defendants were convicted on two counts; one charging conspiracy to violate the National Prohibition Act (Comp. St. § 10138¼ et seq.), and one for. the manufacture of intoxicating liquor.

The first assignment is that the court erred in declining to order a bill of particulars. Generally this is a matter within the sound discretion of the trial court, and, while some of the data asked for might very properly have been ordered, we cannot say that the action of the court amounted to an abuse of discretion.

It is next contended that there was error in overruling defendant Welch’s motion to suppress evidence. There is no reference in the bill of exceptions to a motion to suppress or to any showing made in support thereof. There are in the printed transcript what purport to be such a motion, a supporting affidavit, and an order overruling the motion, but there is no identification in the order, or otherwise, of the record upon which it is based; nor does it appear that any exception was taken. Not infrequently the showing in such cases is made by both affidavit and oral testimony; and either by formal bill of exceptions or in some other manner the record upon which the court acted…