Record
Court opinion
1968-04-25
CourtListener (Free Law Project), text of the opinion
Aiuppa v. United States, 393 F.2d 597 (10th Cir. 1968)
Tenth Circuit opinion of April 25, 1968 affirming Joseph Aiuppa's jury conviction for unlawful possession and transportation of migratory birds.
- Date
- 1968-04-25
- Kind
- court-opinion
- Retrieved
- 2026-10-11
- Docket
- 393 F.2d 597 (10th Cir. 1968)
- Rights
- Opinion of a United States court. Works of the federal judiciary are in the public domain in the United States. The text was read on CourtListener.
United States Court of Appeals, Tenth Circuit, decided April 25, 1968.
The opinion explains that on a first appeal from a jury-waived conviction under 16 U.S.C. § 703 the court had remanded for a new trial “with directions to suppress, as evidence, contraband [560 frozen mourning doves] seized as the fruits of an unlawful search” (Aiuppa v. United States, 338 F.2d 146). This appeal is from the jury conviction on the same counts at the retrial. The government’s evidence included information, received before the unlawful search, that Aiuppa had been hunting in the Frontenac and Pittsburg, Kansas, area.
The court concludes: “The judgment is affirmed.”