UNITED STATES v. BACA

Nos. 112-69, 113-69.

417 F.2d 103 (1969)

UNITED STATES of America, Plaintiff, Appellee, v. Danny BACA, Defendant, Appellant. UNITED STATES of America, Plaintiff, Appellee, v. Mary MARQUEZ, Defendant, Appellant.

United States Court of Appeals Tenth Circuit.

Rehearings Denied December 4, 1969.


Attorney(s) appearing for the Case

Clyde E. Sullivan, Jr., Albuquerque, N. M., for appellant Baca.

James I. Bartholomew, Albuquerque, N. M., for appellant Marquez.

Victor R. Ortega, U. S. Atty., Ruth C. Streeter and John A. Babington, Asst. U. S. Attys., for appellee.

Before HILL, TUTTLE and HOLLOWAY, Circuit Judges.


Rehearings En Banc Denied December 4, 1969.

TUTTLE, Circuit Judge.

The appellants, Baca and Marquez, were indicted and jointly tried before a jury in the United States District Court for the District of New Mexico and convicted of the unlawful possession of heroin in violation of 21 U.S. C.A. § 174. They appeal to this court contending that the heroin should not have been admitted into evidence because it was obtained as a result of an illegal search...

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