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GIORDENELLO v. UNITED STATES

No. 16065.

241 F.2d 575 (1957)

Veto GIORDENELLO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 17, 1957.

Attorney(s) appearing for the Case

Clyde W. Woody, William H. Scott, William F. Walsh, Houston, Tex., for appellant.

Malcolm R. Wilkey, U. S. Atty., C. Anthony Friloux, Jr., James T. Dowd, James E. Ross, Asst. U. S. Attys., Houston, Tex., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

TUTTLE, Circuit Judge.

This appeal from the conviction of appellant of the offense of unlawfully purchasing five ounces of heroin, in violation of Section 4704, I.R.C.1954, 26 U.S.C.A.,1 presents the single question whether the trial court erred in admitting in evidence the heroin which was found on his person when he was arrested. The answer to this question in turn hinges on the legality of Giordenello's arrest.

On January 26...

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