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NEWYAHR v. UNITED STATES

No. 10129.

177 F.2d 658 (1949)

NEWYAHR v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided October 31, 1949.

Writ of Certiorari Denied January 9, 1950.

Attorney(s) appearing for the Case

Mr. William R. Lichtenberg, Washington, D. C., with whom Mr. Joseph Luria, Washington, D. C., was on the brief, for appellant.

Mr. Willard I. Zucker, Washington, D. C., also entered an appearance for appellant.

Mr. Joseph M. Howard, Assistant United States Attorney, Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, and John C. Conliff, Jr., Assistant United States Attorney, Washington, D. C., were on the brief, for appellee.

Before EDGERTON, PRETTYMAN and PROCTOR, Circuit Judges.

Writ of Certiorari Denied January 9, 1950. See 70 S.Ct. 350.

PROCTOR, Circuit Judge.

Appellant was arrested without a warrant; then searched by the police, who took from his person a marked coin. Despite efforts to suppress, the coin was used as evidence against him in a prosecution for promoting a "numbers game" (a felony), in violation of Section 1501 of Title 22, District of Columbia Code (1940). Appellant attacks legality of the arrest. He concedes that...

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