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UNITED STATES v. JOHNSON

No. 26891.

412 F.2d 906 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Alex Murphy JOHNSON, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

June 30, 1969.

Attorney(s) appearing for the Case

Max. Lurie, Lurie & Capuano, Miami, Fla., for defendant-appellant.

William A. Meadows, Jr., U. S. Atty., J. V. Eskenazi, Theodore Klein, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, DYER, Circuit Judge, and HUNTER, District Judge.

EDWIN F. HUNTER, Jr., District Judge:

Appellant Johnson was indicted, tried by the Court, and convicted of violating Title 18, U.S.C.A. § 2231.1 He seeks reversal on the proposition that the evidence was not sufficient to support conviction and that the court below committed error in denying his motion to suppress certain evidence — a loaded 22.22 calibre revolver.

The evidence reveals that on July 23, 1966, at about...

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