MITCHELL v. UNITED STATES

No. 14258.

258 F.2d 435 (1958)

George M. MITCHELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 19, 1958.


Attorney(s) appearing for the Case

Mr. Robert B. Frank, Washington, D. C. (appointed by this court), for appellant.

Mr. John W. Warner, Jr., Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, BAZELON and DANAHER, Circuit Judges.


PER CURIAM.

Armed with a search warrant, officers found contraband drugs in Mitchell's house and in his immediate possession. His pre-trial motion to suppress, based upon a claim that the Commissioner issued the warrant without a proper showing of probable cause, was denied. The motion was renewed at the trial and again denied. Having been found guilty by the jury, Mitchell appeals.

He assigns as error the trial court's denial of the motion to suppress and...

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