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SIMMS v. UNITED STATES

No. 5363.

276 A.2d 434 (1971)

James A. SIMMS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 20, 1971.

Attorney(s) appearing for the Case

John Z. Noyes, Washington, D. C., appointed by this court, was on the brief for appellant.

Jerome Wiener, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Charles F. Flynn, Asst. U. S. Attys., were on the brief, for appellee.

Before PAIR, REILLY and YEAGLEY, Associate Judges.

PAIR, Associate Judge:

Appellant was charged with (1) possession of heroin and (2) possession of marijuana, in violation of D.C.Code 1967, § 33-402.

On the ground that the heroin was the product of an improperly executed search warrant, appellant moved to suppress. At the hearing on the motion, there was conflicting testimony respecting police action in connection with the execution of the search warrant.

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