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KINARD v. UNITED STATES

No. 5678.

288 A.2d 233 (1972)

Glenn Carlton KINARD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 6, 1972.

Attorney(s) appearing for the Case

William Gray Schaffer, Washington, D. C., appointed by this court, for appellant.

William H. Schweitzer, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry, Robert D. Zsalman and John T. Kotelly, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and KELLY and PAIR, Associate Judges.

KELLY, Associate Judge:

Appellant Kinard, convicted by the court of possession of narcotics in violation of D.C.Code 1967, § 33-402, challenges the denial of his motion to suppress, heard both pretrial and at trial. For the reasons which follow we reverse and remand for a new trial.

At the pretrial hearing of the motion to suppress Officer Ramirez testified that on November 28, 1970, at approximately 9:00 p. m., he and his partner, in plain clothes and...

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