BRIGGS v. UNITED STATES

No. 14301.

255 F.2d 897 (1958)

William H. BRIGGS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 5, 1958.


Attorney(s) appearing for the Case

Mr. Warren D. Quenstedt, Washington, D. C. (appointed by this court), for appellant.

Mr. John W. Kern, III, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher and Thomas A. Flannery, Asst. U. S. Attys., were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and DANAHER, Circuit Judges.


PER CURIAM.

Following conviction on two counts of violation of the narcotics laws, appellant asserted here that a District Judge (not the trial judge) erred in his denial of appellant's motion before trial to suppress certain evidence simply on the basis of argument by counsel and without hearing the appellant's testimony. The record shows that the first judge summarily denied the request of defense counsel that the accused be permitted to take the stand on the motion...

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