ROMERO v. UNITED STATES

No. 20109.

318 F.2d 530 (1963)

Luis ROMERO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 15, 1963.


Attorney(s) appearing for the Case

Joseph A. Calamia, Edward S. Marquez, Frank Fullerton, El Paso, Tex., for appellant.

Frederick J. Morton, Asst. U. S. Atty., El Paso, Tex., Ernest Morgan, U. S. Atty., San Antonio, Tex., M. H. Raney, Asst. U. S. Atty., El Paso, Tex., for appellee.

Before HUTCHESON and GEWIN, Circuit Judges, and CONNALLY, District Judge.


CONNALLY, District Judge.

The appellant was convicted on a jury verdict of violating the narcotics laws with respect to some 240 pounds of marihuana. The facts are simple and without dispute, and raise a single question on this appeal. That is whether the trial court committed error in denying a motion to suppress certain evidence, i. e. the narcotics, by reason of an allegedly unlawful search.

The appellant, in company with another (who was tried separately...

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