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EMBURGH v. UNITED STATES

No. 2605.

164 A.2d 342 (1960)

Benji V. EMBURGH, Appellant, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided October 14, 1960.

Rehearing Denied November 15, 1960.

Attorney(s) appearing for the Case

Sam Weiss, Newark, N. J., of the Bar of the State of New Jersey, pro hac vice, by special leave of court, for appellant. William J. Garber and Meredith C. Coffman, Washington, D. C., were on the brief, for appellant.

John Jude O'Donnell, 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, HOOD, Associate Judge, and CAYTON (Chief Judge, retired) sitting by designation under Code § 11-776(b).

CAYTON, Acting Judge.

At about 1:30 one morning two police officers in a scout car observed two men, later identified as appellant Emburgh and one Coleman, seated in a parked car on a dark street. As the scout car approached, appellant on the rear seat and Coleman in the front "appeared to duck down" to the left side of the automobile. Thereupon, one of the officers left the police car to investigate and shined his flashlight into the rear of the car. As the light...

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