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ROUSE v. UNITED STATES

No. 19489.

359 F.2d 1014 (1966)

William M. ROUSE, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 13, 1966.

Attorney(s) appearing for the Case

Mr. George W. Wise, Washington, D. C. (appointed by this Court), for appellant.

Mr. Mervyn Hamburg, Atty., Dept. of Justice, of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief for appellee. Mr. Patrick H. Corcoran, Asst. U. S. Atty., at time record was filed, and Miss Carol Garfiel, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, Chief Judge, and FAHY and McGOWAN, Circuit Judges.

BAZELON, Chief Judge:

Appellant was convicted of two counts of possession under the Federal Narcotics Laws. The issues raised on appeal concern the admissibility of narcotics seized by the police. Although appellant attacks the denial of a pre-trial motion to suppress, his primary target is the trial judge's refusal to reconsider the suppression issue after a change in police testimony at trial.

Appellant testified at the suppression hearing that he was walking...

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