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€ SUPREME COURT OF THE UNITED STATES. No, 190.—Ocroner Term, 1937, . Frank Carmine Nardone, et al, On Writ of Certiorari to Petitioners, the United States Circuit vs. Court of Appeals for the The United States of Amnierica. Second Circuit. (December 20, 1937.] Mr. Justice Rorerts delivered the upinion of the Court. The importance of the question involved,—- whether, in view of the provisions of Section 605 of the Communications Act of 1934," evidence procured by a federal ofliver’s tapping telephone wires and intercepting messages is admissible in a eriminal trial in a United States District Court,—moved us to grant the writ of cer- tiorari. The indictment under which the petitioners were tried, eon- vieted, and sentenced, charged, in separate counts, the smuggling of alcohol, possession and concealment of the smuggled aleohol, aud conspiracy to smuggle and conceal it. Over the petitioners’ uljec- tion and exception federal agents testified to the substance of peti- tioners’ interstate communications overheard by the witnesses who had intereepted the messages by tapping telephone wires. The court below, thouch it found this evidence constituted such a vital part of the proscention’s preof that its admission, if erroncous, amounted to reversible error, held it was properly admitted and affirmed the judyinent of conviction.* Section 605 of the Federal Communications Act provides that no person who, as an employe, has to do with the sending or reveiving of any interstate communication by wire shall divulge or publish it or its substanee to anyone other than the addressee or his authgr- ized representative or to authorized fellow employes, save ins re- spouse to a subpoena issued by a court of ecampetent jurisdiction or on demand of other lawful anthority; and “no person not belt 1h. 652, 48 Btat. 1064, 1703; UL 8. CL Tit, 47, $ 605, £90 F. (2d) 630. See alau Smith v. United States, 91 FL (2d) 556. >