Schwartz v. Texas, 344 U.S. 199 (1952)

Schwartz v. Texas


No. 41


Argued November 12, 1952
Decided December 15, 1952
344 U.S. 199

CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS

Syllabus

Section 605 of the Federal Communications Act, which provides that "no person not being authorized by the sender shall intercept any communication and divulge or publish" the contents thereof to any person, and which has been construed to render such intercepted communications inadmissible as evidence in federal courts, does not exclude such intercepted communications from evidence in criminal proceedings in state courts. Pp. 199-204.

___ Tex.Cr.R. ___, 246 S.W.2d 174, affirmed.

Petitioner was convicted in a Texas state court as an accomplice to the crime of robbery, upon evidence obtained by wiretapping. The Court of Criminal Appeals of Texas upheld the conviction. ___ Tex.Cr.R. ___, 246 S.W.2d 174, rehearing denied, ___ Tex.Cr.R. ___, 246 S.W.2d 179. This Court granted certiorari. 343 U.S. 975. Affirmed, p. 204.