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CHAPMAN v. UNITED STATES

No. 17811.

273 F.2d 412 (1960)

Elmer Samuel CHAPMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 7, 1960.

Attorney(s) appearing for the Case

J. Sewell Elliott, Macon, Ga., for appellant.

John C. Bracy, Floyd M. Buford, Asst. U. S. Attys., Macon, Ga., for appellee.

Before RIVES, Chief Judge, and TUTTLE and JONES, Circuit Judges.

PER CURIAM.

The motion for rehearing is denied. The motion contains the following ground:

"3. The Court is most respectfully requested to reconsider its conclusion from the evidence that `At Bridgeman's Request (Italics) they entered the house * * *' (O.2). Bridgeman testified (R. 164) that he gave his permission conditioned upon `if it's what I think it is, what it smells like' and only then after the officers asked him for his permission." ...

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