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LERNER v. UNITED STATES

No. 2289.

151 A.2d 184 (1959)

David LERNER and Bernard Lerner, Appellants, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided May 13, 1959.

Attorney(s) appearing for the Case

William R. Lichtenberg, Washington, D. C., with whom Joseph Luria, Washington, D. C., was on the brief, for appellants.

Charles W. Halleck, Asst. U. S. Atty., Washington, D. C., with whom Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

ROVER, Chief Judge.

Appellants were convicted of possessing with the intent to sell lewd and obscene photographs, films, and literature in violation of Code 1951, § 22-2001. Evidence seized under a search warrant was admitted at trial and appellants' principal contention here is that their motion to suppress, seasonably filed before trial and renewed during the trial, should have been granted on the ground that the warrant was issued without probable cause.<...

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