UNITED STATES v. PAGE

No. 17404.

302 F.2d 81 (1962)

UNITED STATES of America, Appellant, v. Ernest T. PAGE, Appellee.

United States Court of Appeals Ninth Circuit.

April 18, 1962.


Attorney(s) appearing for the Case

Cecil F. Poole, U. S. Atty., John Kaplan and James F. Hewitt, Asst. U. S. Attys., San Francisco, Cal., for appellant.

Robert H. Miller and Albert E. Polonsky, San Francisco, Cal., for appellee.

Before CHAMBERS, BARNES, HAMLEY, HAMLIN, JERTBERG, MERRILL, KOELSCH, BROWNING and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge.

The government appeals from the granting of a motion to suppress evidence, following the granting of a mistrial. (18 U.S.C. § 1404) Page was indicted for violating 21 U.S.C.A. § 174, and the motion was directed to certain narcotics found by government agents during a search of his home. The court below heard the motion upon Page's affidavit and upon the oral testimony of Page and of four of the agents. It then ruled that, as a matter...

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