ZACARIAS v. UNITED STATES

No. 17440.

261 F.2d 416 (1958)

Aurelio ZACARIAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 5, 1959.


Attorney(s) appearing for the Case

Joseph A. Calamia, Joseph J. Rey, El Paso, Tex., for appellant.

James E. Hammond, Asst. U. S. Atty., El Paso, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


TUTTLE, Circuit Judge.

This appeal from an order of the trial court denying appellant's motion to suppress evidence was prosecuted before indictment or trial of appellant. It is attacked by a motion to dismiss, filed by the United States, on the ground that the order of the trial court was interlocutory and thus not appealable.

The record before us discloses that Zacarias was searched without a warrant and had certian narcotics taken from his possession, was...

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