UNITED STATES v. WHITE

No. 27830.

431 F.2d 84 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Moody WHITE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 10, 1970.


Attorney(s) appearing for the Case

John R. Foster, Del Rio, Tex. (court appointed), for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., James W. Kerr, Warren N. Weir, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment of conviction and sentence of appellant for a narcotics violation, raising the issue of the propriety of the denial by the trial court of a motion to suppress.

Appellant Charles Moody White was observed by a Texas Highway Patrolman with his car stopped on the side of a public highway. The officer stopped, asked several questions and asked if he could look in the trunk of the car. Appellant replied, "Yes, it would...

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