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JONES v. UNITED STATES

No. 16592.

304 F.2d 381 (1962)

Cecil JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided by Judgment Entered April 12, 1962.

Opinion Rendered May 3, 1962.

Attorney(s) appearing for the Case

Mr. Charles F. Warren, Washington (appointed by this court) for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., were on the brief, for appellee. Messrs. Charles T. Duncan, Principal Asst. U. S. Atty., and Abbott A. Leban, Asst. U. S. Atty., also entered appearances for appellee.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON, PRETTYMAN, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges.

DANAHER, Circuit Judge.

The Supreme Court held1 that this appellant had "standing" to challenge the sufficiency of a search warrant, but remanded the case to the District Court to consider the contention, not previously there raised, that the search warrant had not been executed in conformity with the statute.2 The District Judge before whom the case had been tried...

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