UNITED STATES v. MILLER

No. 72-1192.

468 F.2d 1041 (1972)

UNITED STATES of America, Appellee, v. Ollie Juanita MILLER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1972.


Attorney(s) appearing for the Case

Robert G. Cabell, Jr., Richmond, Va., (court-appointed counsel), for appellant.

Rodney Sager, Asst. U. S. Atty. for Eastern District of Virginia (Brian P. Gettings, U. S. Atty., on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges, and MURRAY, District Judge.


BUTZNER, Circuit Judge:

Ollie Juanita Miller appeals from her conviction by a magistrate, affirmed by the district court, for unlawful concealment and possession of a firearm, in violation of Va.Code Ann. § 18.1-269, assimilated by 18 U.S.C. § 13. While we hold that the search of Mrs. Miller's handbag and the seizure of the firearm from within it were lawful, we reverse for failure of the magistrate to properly apprise Mrs. Miller of her right to a jury...

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