Rep. 923, where there was a conviction on two counts, and the sentence imposed was distinct and separate as to each count, but was made concurrent so that the entire amount of punishment imposed would be undegone if the judgment were sustained under either court, error being found in the conviction as to one of them, the judgment was reversed as to that count, and affirmed on the other.
That judgment was sustained by the state court.
1 The judgment of conviction was sustained by the Circuit Court of Appeals (2 Cir., 151 F.2d 140) over the objection that there was an unlawful search which resulted in the seizure of the coupons and their use at the trial in violation of the rule of Weeks v. United States, 232 U.S. 383, 34 S.Ct.
Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground.
And I concede that the judgment cannot be sustained upon any independent non-Federal ground.
The demurrer was sustained and judgment entered thereon was affirmed by the Supreme Court of Appeals of the State of Virginia (123 Va .673, 97 S. E. 576).
The defendant demurred to the complaint, the demurrer was sustained, and final judgment was entered in his favor; to review which the case is brought here.
Wherefore respondent prays to be hence dismissed, with costs, and for general relief.' By the judgment of the court this exception was sustained, and the suit was dismissed.
The demurrer was sustained, and, the defendant electing not to plead further, judgment went against it and that judgment was affirmed by the Supreme Court of Oregon.
The objection was sustained.
