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UNITED STATES v. JOHNSON

No. 71-1279.

459 F.2d 1229 (1972)

UNITED STATES of America v. John R. JOHNSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

February 23, 1972.

Attorney(s) appearing for the Case

Mr. Robert T. Gaston, Washington, D. C. (appointed by this court) was on the brief for appellant.

Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and John A. Terry, Daniel E. Toomey, and Harry J. McCarthy, Asst. U. S. Attys., were on the brief for appellee.

Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.

PER CURIAM:

Appellant's conviction of carrying a pistol without a license in violation of D.C.Code § 22-3204 is attacked upon the sole ground that probable cause was not shown to have existed for his arrest (on a narcotics charge) which resulted in finding the pistol on his person. After a full hearing Judge Waddy ruled that probable cause did exist and he accordingly denied appellant's motion to suppress the admission of the pistol into evidence.

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