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HAWKINS v. UNITED STATES

No. 15514.

288 F.2d 122 (1960)

Elmer R. HAWKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 28, 1960.

Petition for Rehearing Denied September 16, 1960.

Attorney(s) appearing for the Case

Mr. Kenneth C. Royall, New York City (appointed by the District Court) and Mr. George F. Bason, Jr., Washington, D. C., for appellant.

Mr. Donald S. Smith, 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 BAZELON, Circuit Judges.

Petition for Rehearing En Banc Denied September 16, 1960.

PER CURIAM.

Appellant was indicted, tried and convicted for narcotics violations.1 The circumstances are that, upon the basis of a purchase of narcotics from a man named Hill, the police obtained a search warrant for certain premises. Executing the warrant, the police found our appellant, Hawkins, in a bathroom at the rear of the second floor. Narcotics paraphernalia

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