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MILLS v. UNITED STATES

No. 11046.

196 F.2d 600 (1952)

MILLS v. UNITED STATES.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1952.

Attorney(s) appearing for the Case

H. Clifford Allder, Washington, D. C., with whom Charles E. Ford, Washington, D. C., was on the brief, for appellant.

Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty., and John C. Conliff, Jr., Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

George Morris Fay, U. S. Atty., Washington, D. C., when the record was filed, also entered an appearance for appellee.

Before PRETTYMAN, PROCTOR, and BAZELON, Circuit Judges.

PROCTOR, Circuit Judge.

This appeal presents a question, often recurring, as to the admissibility of incriminating evidence seized from an accused when arrested without a warrant. It arises here in connection with the conviction of appellant for engaging in the operation of a numbers game and knowingly possessing numbers slips. 22 D.C. Code 1940, §§ 1501, 1502.

There is no question as to the governing principles of law. They have been clearly stated...

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