UNITED STATES v. FREE

No. 23221.

437 F.2d 631 (1970)

UNITED STATES of America v. Donnie FREE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 1970.


Attorney(s) appearing for the Case

Mr. Julian P. Freret, Washington, D. C. (appointed by this Court) for appellant.

Mr. Stephen M. Schuster, Jr., Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry, Asst. U. S. Atty., and Albert W. Overby, Jr., Asst. U. S. Atty. at the time the brief was filed, were on the brief, for appellee.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.


LEVENTHAL, Circuit Judge:

Appellant was convicted of assault with a dangerous weapon (22 D.C.Code § 502) and carrying a dangerous weapon (22 D.C.Code § 3204). The principal issue presented by this appeal is whether the gun, identified by the victim as the weapon with which appellant assaulted her, and admitted in evidence without objection, was seized by the police in violation of appellant's Fourth Amendment rights. We hold that it was not, and we affirm...

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