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BUTLER v. UNITED STATES

No. 15190.

275 F.2d 889 (1960)

Clarence L. BUTLER, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 21, 1960.

Petition for Rehearing Denied February 17, 1960.

Attorney(s) appearing for the Case

Mr. Llewellyn C. Thomas, Washington, D. C. (appointed by this court), for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Mr. Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

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

Petition for Rehearing En Banc Denied February 17, 1960.

PER CURIAM.

Appellant Butler was indicted and convicted for failure to pay a tax on marihuana. His contention upon this appeal is that evidence seized by police officers in his apartment should have been suppressed. A hearing was held in the District Court upon the motion to suppress. Appellant says that it was not established that he refused admittance to the officers before they forcibly entered the...

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