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UNITED STATES v. HORTON

No. 23641.

440 F.2d 253 (1971)

UNITED STATES of America v. Tyrone A. HORTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

March 12, 1971.

Attorney(s) appearing for the Case

Mr. Raymond W. Russell, Washington, D. C. (appointed by this court) was on the brief for appellant.

Mr. Michael J. Madigan, 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, submitted on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and McGOWAN, Circuit Judges.

PER CURIAM:

This appeal from a jury conviction of robbery, 22 D.C.Code § 2901, raises first the question whether the trial judge correctly refused to suppress as evidence the victim's wallet, which was found by the police in the police car in which appellant was being transported upon his apprehension shortly after the crime. Appellant's claim of error is founded upon his argument that he was arrested without probable cause. We think the evidence of record is...

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