JOHNSON v. UNITED STATES

No. 20006.

370 F.2d 489 (1966)

Henry JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 22, 1966.


Attorney(s) appearing for the Case

Mr. J. David Mann, Jr., Washington, D. C. (appointed by this court) with whom Mr. Mario F. Escudero, Washington, D. C., was on the brief, for appellant.

Mr. Robert Kenly Webster, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

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


FAHY, Circuit Judge.

Appellant was convicted of carrying a concealed pistol without a license, in violation of D.C.Code § 22-3204. His appeal raises initially a question as to the validity of his arrest. If it were unlawful, he contends, an incriminating statement and a pistol, which were admitted in evidence, should have been excluded as the fruit of the arrest. Since we hold that the arrest, which occurred as now explained, was lawful this contention cannot...

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