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BRANDON v. UNITED STATES

No. 14464.

270 F.2d 311 (1959)

Sherman BRANDON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 9, 1959.

Attorney(s) appearing for the Case

Mr. Robert A. Marmet, Washington, D. C., with whom Mr. Paul M. Segal, Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and John D. Lane and Harry T. Alexander, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, Chief Judge, and EDGERTON, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges.

DANAHER, Circuit Judge.

Appellant was convicted on two counts of violation of the narcotics law. He claims here that the trial court erroneously ruled (1) he lacked standing to move to suppress, and (2) in any event, the search warrant was valid.

Without hearing, appellant's pretrial motion to suppress was denied. The judge ruled "Unless the defendant asserts either ownership of the seized article or control of the premises in which the seizure occurred, he...

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