UNITED STATES v. CALLISON

No. 23260.

408 F.2d 1362 (1969)

UNITED STATES of America, Appellee, v. Norman Dale CALLISON, Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 25, 1969.

Second Rehearing Denied June 4, 1969.


Attorney(s) appearing for the Case

H. Earl Rogge, Jr. (argued), Tucson, Ariz., for appellant.

Rubin Salter, Jr. (argued), Asst. U. S. Atty., Edward E. Davis, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before BARNES, BROWNING and CARTER, Circuit Judges.


BARNES, Circuit Judge:

Appellant was convicted of concealing and facilitating the concealment of heroin. He was arrested by officers who, after having his residence and particularly the area near his horse corral under surveillance for the better part of two nights (December 1st and 2nd, 1967) testified that on the second night they saw him stoop and reach toward a log. At that moment, the officers, from their hiding place, shone a flash light on the appellant, who...

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