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SMITH v. UNITED STATES

No. 19055.

353 F.2d 877 (1965)

Milton T. SMITH, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 9, 1965.

Attorney(s) appearing for the Case

Mr. David E. Aaronson, Washington, D. C., with whom Messrs. William W. Greenhalgh, William B. Martin, Jefferson D. Kirby, III, Marvin J. Brenner, and Robert S. Hall, Jr., Washington, D. C., (all appointed by this court) were on the brief, for appellant.

Miss Carol Garfiel, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., at the time the brief was filed, and Messrs. Frank Q. Nebeker and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and DANAHER and TAMM, Circuit Judges.

DANAHER, Circuit Judge:

This appellant was convicted of narcotics violations. When searched following his arrest on each of two occasions, the first on June 10, 1964 and the next on June 18, 1964, the appellant had substantial quantities of heroin in his possession. He contends here that some 130 capsules containing narcotics seized from him on June 10, 1964 were erroneously received in evidence against him. The District Judge after hearing had denied the appellant...

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