No. 19798.

425 F.2d 1353 (1970)

UNITED STATES of America, Appellant, v. James Dock MITCHELL, Appellee.

United States Court of Appeals, Eighth Circuit.

April 14, 1970.

Attorney(s) appearing for the Case

Charles E. French, Asst. U. S. Atty., Kansas City, Mo., for appellant. Calvin K. Hamilton, U. S. Atty., and Anthony P. Nugent, Jr., Asst. U. S. Atty., were with him on the brief.

Maxim N. Bach of the Legal Aid and Defender Society of Greater Kansas City, Kansas City, Mo., for appellee. Willard B. Bunch, Kansas City, Mo., of the same Society was with him on the brief.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.

BLACKMUN, Circuit Judge.

This appeal by the United States, taken under the eighth paragraph1 of 18 U.S.C. § 3731, presents us with the question of the continuing vitality of Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959), in the face of the Supreme Court's later decisions in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964...


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