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KELLEY v. UNITED STATES

No. 16413.

298 F.2d 310 (1961)

Charles H. KELLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 22, 1961.

Attorney(s) appearing for the Case

Mr. Gordon L. Poole, Washington, D. C. (appointed by this court) with whom Mr. William J. Garber, Washington, D. C., was on the brief, for appellant.

Mr. Robert Brewer Norris, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee. Mr. Charles T. Duncan, Principal Asst. U. S. Atty., also entered an appearance for appellee.

Before WASHINGTON, DANAHER and BASTIAN, Circuit Judges.

DANAHER, Circuit Judge.

Charged with being a transferee of non-taxpaid marihuana, appellant was convicted after the District Court denied his motion to suppress. This appeal in forma pauperis was allowed that the court might consider whether or not there had been an unlawful seizure of the contraband from the person of the appellant.

Metropolitan police officers attached to the Vagrancy Squad on August 12, 1960, at about 1:50 A.M., from the street saw this...

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