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KATZ v. PEYTON

No. 9377.

334 F.2d 77 (1964)

Jack Lewis KATZ, Appellant, v. C. C. PEYTON, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 22, 1964.

Attorney(s) appearing for the Case

Stanley D. Perry, Alexandria, Va., for appellant.

Reno S. Harp, III, Asst. Atty. Gen., of Virginia (Robert Y. Button, Atty. Gen., of Virginia, William J. Hassan, Commonwealth's Attorney for Arlington County, and Peter J. Kostik, Asst. Commonwealth's Attorney for Arlington County, on brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and MICHIE, District Judge.

HAYNSWORTH, Circuit Judge:

This prisoner sought habeas corpus upon the ground that he was convicted in the state court on evidence obtained as a result of an illegal search. The District Court found that the search was incident to a lawful arrest. We agree and need add little to what the District Court said in its opinion.1

One afternoon in September 1962, the petitioner, Katz, managed to remove some 256 cartons of cigarettes from...

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