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UNITED STATES v. HAYES

No. 5419.

271 A.2d 701 (1970)

UNITED STATES, Appellant, v. Everett Lee HAYES, Appellee.

District of Columbia Court of Appeals.

Decided December 16, 1970.

Attorney(s) appearing for the Case

Roger M. Adelman, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellant.

James H. Heller, Washington, D. C., with whom George A. Dalley, was on the brief, for appellee.

Before FICKLING, KERN and YEAGLEY, Associate Judges.

KERN, Associate Judge:

The Government appeals from an order entered by the trial court prior to trial suppressing as evidence four capsules allegedly containing heroin recovered by police officers from a trash pile in the corner of a fire-gutted room, formerly operated as a pool hall, located on 15th Street, Northeast.

At the hearing on appellee's motion to suppress, there was evidence that two police officers on duty in their cruiser during the day saw appellee...

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