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HUTCHERSON v. UNITED STATES

No. 18375.

345 F.2d 964 (1965)

Louis R. HUTCHERSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 18, 1965.

Petition for Rehearing Denied May 6, 1965.

Attorney(s) appearing for the Case

Mr. Aloysius B. McCabe (appointed by this court), Washington, D. C., for appellant.

Mr. Gerald E. Gilbert, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and BURGER, Circuit Judge.

Petition for Rehearing en Banc Denied May 6, 1965.

WILBUR K. MILLER, Senior Circuit Judge.

Louis R. Hutcherson was taken into custody September 12, 1963, for a misdemeanor committed in the presence of the arresting officer.1 It was immediately discovered that he had on his person a vial containing 28 capsules of heroin hydrochloride not in or from the original stamped package, whereupon the officer arrested him on a narcotics charge...

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