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BURTON v. UNITED STATES

No. 9677.

169 F.2d 969 (1948)

BURTON v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided September 13, 1948.

Attorney(s) appearing for the Case

Mr. M. Edward Buckley, Jr., of Washington, D. C., for appellant.

Mr. James C. McKay, Assistant United States Attorney, of Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, John P. Burke and Sidney S. Sachs, Assistant United States Attorneys, all of Washington D. C., were on the brief, for appellee. Mr. Ross O'Donoghue, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before STEPHENS, Chief Judge, and WILBUR K. MILLER and PRETTYMAN, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

About 3:00 o'clock in the morning of July 2, 1946, the appellant, David Burton, was hurrying through the concourse of the Washington Terminal, carrying a package. His haste and furtive manner aroused suspicion in the mind of a porter who called a Terminal policeman. The officer arrested Burton as he was about to enter a taxicab and found the package to be one, with metered postage affixed, from Lansburgh's, a department store, addressed...

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