MYERS v. UNITED STATES

No. 36-69.

415 F.2d 318 (1969)

William Charles MYERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

August 11, 1969.


Attorney(s) appearing for the Case

Ray Tabet, Albuquerque, N.M., and Albin E. Danell, Los Altos, Cal., for appellant.

John A. Babington, Asst. U.S. Atty. (Ruth C. Streeter, U.S. Atty., with him on the brief), for appellee.

Before PHILLIPS, SETH and HICKEY, Circuit Judges.


SETH, Circuit Judge.

On April 24, 1968, a New Mexico State Police officer in Las Cruces, New Mexico, observed two young men with short military-style haircuts in a Volvo station wagon turn into a motel and to park. The appellant, who was a passenger in the car, emerged from the car, wearing fatigue pants, Marine Corps boots, and a sweater bearing the U.S.M. C. insignia. The officer then approached and inquired of them both together whether the two men were on leave...

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