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SCOTT v. UNITED STATES

No. 17515.

317 F.2d 908 (1963)

Ernest A. SCOTT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1963.

Attorney(s) appearing for the Case

Mr. James H. French, Washington, D. C., with whom Mr. Eldon H. Crowell, Washington, D. C. (both appointed by this court) and Mr. Robert L. Ackerly, Washington, D. C., were on the brief, for appellant.

Mr. Robert A. Levetown, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before MAGRUDER, Senior United States Circuit Judge for the First Circuit, WASHINGTON and DANAHER, Circuit Judges.

PER CURIAM.

This appellant was acquitted on a charge of purchase, sale or distribution of a narcotic drug, but was found guilty by a jury of facilitating concealment of narcotics. It is now contended for the first time that the trial judge should not have admitted in evidence a cigarette package dropped by the accused as an officer approached. The package contained five gelatin capsules of heroin. No motion to suppress was made and no objection to the receipt of the...

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