SCOTTI v. UNITED STATES

No. 13520.

193 F.2d 644 (1952)

SCOTTI v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 25, 1952.


Attorney(s) appearing for the Case

Philip A. Schraub, Corpus Christi, Tex., for appellant.

K. M. Nolen, Asst. U. S. Atty., Brian S. Odem, U. S. Atty., John C. Snodgrass, Asst. U. S. Atty., all of Houston, Tex., for appellee.

Before HOLMES, BORAH, and STRUM, Circuit Judges.


HOLMES, Circuit Judge.

The appellant was charged with the unlawful acquisition of marihuana in violation of Section 2593(a), Title 26 of the United States Code. He waived a trial by jury, and moved to suppress the evidence obtained by officers of the City of Corpus Christi, Texas. The court below first thought that the defendant had consented to the search, but finally concluded that the search, though not voluntary, was made by state officers, acting solely as agents...

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