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UNITED STATES v. HUMPHREY

Nos. 177-68, 178-68.

409 F.2d 1055 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Ray Charles HUMPHREY, a/k/a Ray Humphrey, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Hiawatha MICKENS, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

April 16, 1969.

Attorney(s) appearing for the Case

John E. Green, Oklahoma City, Okl. (B. Andrew Potter, U. S. Atty., with him on the brief), for plaintiff-appellee.

Gary D. Baer, Oklahoma City, Okl., for defendants-appellants.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, District Judge.

MURRAH, Chief Judge.

In this case Appellants jointly appeal from a sentence on a jury verdict convicting them of violating Section 902(e) of Title 15, United States Code, by transporting firearms in interstate commerce having previously been convicted of a felony. The sole issue raised on appeal is whether the search which discovered the firearms in Appellant Humphrey's automobile was legal.

On March 6, 1968, at about 10:30 p. m. Officers Acox and Schimmels...

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