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HIGGINS v. UNITED STATES

No. 11737.

209 F.2d 819 (1954)

HIGGINS v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided January 28, 1954.

Attorney(s) appearing for the Case

Mr. Curtis P. Mitchell, Washington, D. C., with whom Messrs. Frank D. Reeves, B. Dabney Fox, and William Beasley Harris, Washington, D. C., were on the brief, for appellant.

Mr. Samuel J. L'Hommedieu, Jr., Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., Thomas A. Flannery and William J. Peck, Asst. U. S. Attys., Washington, D. C., at time brief was filed, were on the brief, for appellee.

Mr. Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., entered an appearance for appellee.

Messrs. Charles M. Irelan, U. S. Atty., and William R. Glendon, Asst. U. S. Atty., Washington, D. C., at time record was filed, also entered appearances for appellee.

Before EDGERTON, WILBUR K. MILLER and WASHINGTON, Circuit Judges.

EDGERTON, Circuit Judge.

Appellant was convicted of unlawfully possessing marihuana. 26 U.S.C. § 2593(a), 53 Stat. 281. The drug was seized during a search of his room without a warrant. Seeds were found in a paper bag in a chest of drawers, and cigarettes in the pocket of a coat hanging in a closet. The seeds and cigarettes were introduced in evidence. The present question is whether appellant's motion to suppress the evidence, on the ground that the search...

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