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SUMRALL v. UNITED STATES

Nos. 9417-9419.

382 F.2d 651 (1967)

Donald Wayne SUMRALL, Joe Jerrell Crocker and Raymond Claud Nabors, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

September 6, 1967.

Attorney(s) appearing for the Case

Emmett Colvin, Jr., and Mike Barclay, Dallas, Tex., for appellants.

Bruce Green, U. S. Atty., for appellee.

Before MURRAH, Chief Judge, MILLER and HICKEY, Circuit Judges.

MURRAH, Chief Judge.

When this case was first before us, we reversed and remanded solely on the prejudicial effect of a reference to the appellants' prior "records". Sumrall et al. v. United States, 10 Cir., 360 F.2d 311. A retrial resulted in a second conviction on substantially the same proof, the sufficiency of which is not questioned. The issue presented here for the first time is the legality of the arrest and search of the appellants...

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