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WORTHY v. UNITED STATES

No. 20888.

409 F.2d 1105 (1968)

John L. WORTHY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 6, 1968.

Petition for Rehearing Denied May 14, 1969.

Attorney(s) appearing for the Case

Mr. Thomas M. Raysor, Washington, D. C., with whom Mr. John B. Olverson Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Carl S. Rauh, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Nicholas S. Nunzio, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.

FAHY, Senior Circuit Judge:

In the early hours of October 21, 1965, before daylight, appellant was arrested without a warrant for vagrancy. Upon being searched incidental to the arrest a bottle of 53 capsules was found in one of his coat pockets. The arresting officers suspected that the capsules contained heroin, which proved to be the case. Later that day one of the officers swore out a complaint against appellant for the offense of vagrancy, and the other officer...

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