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McLINDON v. UNITED STATES

No. 17646.

329 F.2d 238 (1964)

Robert H. McLINDON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1964.

Petition for Rehearing Denied March 20, 1964.

Attorney(s) appearing for the Case

Mr. George B. Mickum, III, Washington, D. C., with whom Mr. William E. Miller, Washington, D. C., (both appointed by this court) was on the brief, for appellant.

Mr. Gerald A. Messerman, Asst. U. S. Atty., for appellee. Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker, William Collins, Jr., and Robert A. Levetown, Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, and WILBUR K. MILLER and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

Appellant was convicted of transporting a motor vehicle in interstate commerce, knowing that the vehicle had been stolen, in violation of 18 U.S.C. § 2312. In this court his contention is that the Government was not entitled to use the testimony of certain witnesses at his trial, urging that the identity of each of these witnesses and the nature of the testimony they would give was learned only as a result of the unlawful search of...

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