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FISHER v. UNITED STATES

No. 11498.

205 F.2d 702 (1953)

FISHER v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1953.

Attorney(s) appearing for the Case

Mr. Myron G. Ehrlich, Washington, D. C., with whom Mr. Joseph Sitnick, Washington, D. C., was on the brief, for appellant.

Mr. William J. Peck, Asst. U. S. Atty., Washington, D. C., with whom Mr. Charles M. Irelan, U. S. Atty. at the time of argument, Washington, D. C., and Messrs. John D. Lane and William R. Glendon, Asst. U. S. Attys, Washington, D. C., were on the brief, for appellee. Mr. Joseph M. Howard, Asst. U. S. Atty. at the time the record was filed, Washington, D. C., also entered his appearance for appellee.

Before CLARK, WILBUR K. MILLER and PRETTYMAN, Circuit Judges.

Petition for Rehearing in Banc Denied July 30, 1953.

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried and convicted on two counts of an indictment, the first charging the operation of a lottery and the second charging the possession of slips used in a lottery.1 The principal point on appeal is an alleged error by the trial court in refusing to suppress and in admitting in evidence pieces of paper and books seized when the...

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