UNITED STATES v. ACOSTA

No. 26843.

411 F.2d 627 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Pablo Villareal ACOSTA, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

May 22, 1969.


Attorney(s) appearing for the Case

Phillip D. Hardberger, Odessa, Tex., for defendant-appellant.

Ted Butler, U. S. Atty., Ray Caballero, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before BELL and THORNBERRY, Circuit Judges, and CHOATE, District Judge.


BELL, Circuit Judge:

This appeal is from a judgment of conviction entered after a non-jury trial finding the defendant guilty of violating the narcotics laws. Title 21 U.S.C.A. § 174.

One assignment of error centers on the admissibility of evidence seized at the time the defendant was arrested and searched. This issue was raised by a motion to suppress which was denied. A directed verdict of acquittal was due if the evidence in question, the heroin and...

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