McCLAIN v. UNITED STATES

No. 15195.

224 F.2d 522 (1955)

Elijah McCLAIN and Margie Mae McClain, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 30, 1955.


Attorney(s) appearing for the Case

Ernest D. Jackson, Sr., Jacksonville, Fla., for appellants.

Thomas A. Larkin, Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., for appellee.

Before TUTTLE, Circuit Judge, and DAWKINS and SIMPSON, District Judges.


SIMPSON, District Judge.

On the morning of February 23, 1953, Detective Sergeant Runyon and uniform Sergeant Anderson of the Jacksonville, Florida Police Department, visited the home of Elijah McClain, also known as Lige McClain, and Margie Mae McClain, his wife, in the sparsely settled northwest section of that city. Elijah was sitting on his back porch, and gave the officers permission to look around his yard and inside his house. No one else was there. The officers...

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