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UNITED STATES v. STEVENSON

Nos. 22924, 22925.

424 F.2d 923 (1970)

UNITED STATES of America v. Irvin L. STEVENSON, Appellant. UNITED STATES of America v. Bernard I. WHITE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 1970.

Attorney(s) appearing for the Case

Mr. Joel Chasnoff, Washington, D. C. (appointed by this court) for appellants.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty., at the time the record was filed, also entered an appearance for appellee in No. 22,924. Mr. Roger E. Zuckerman, Asst. U. S. Atty., also entered an appearance for appellee.

Before FAHY, Senior Circuit Judge, and TAMM and MacKINNON, Circuit Judges.

TAMM, Circuit Judge:

Answering a radio dispatch which reported people breaking into a store (Tr. 16), two police officers arrived at the Mosby Jewelry Store at 1421 U Street, N.W. in Washington, at approximately 5:00 a. m. on June 18, 1968. Their arrival directly in front of the store was about "one minute" after receipt of the radio call. (Tr. 17.) It was "light." (Tr. 17.) Upon arrival, with their car facing the jewelry store, they saw through the windshield a broken...

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