UNITED STATES v. WIXOM

Nos. 71-1690, 71-1694, 71-1700, 71-1718.

460 F.2d 206 (1972)

UNITED STATES of America, Appellee, v. Roswell William WIXOM, Appellant. UNITED STATES of America, Appellee, v. Robert Douglas BRITTON, Appellant. UNITED STATES of America, Appellee, v. George Leo COLEMAN, Appellant. UNITED STATES of America, Appellee, v. William Donald TURK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 26, 1972.


Attorney(s) appearing for the Case

David S. Lathrop, Omaha, Neb., for appellants.

William K. Schaphorst, U. S. Atty., Omaha, Neb., for appellee.

Before VOGEL, LAY and BRIGHT, Circuit Judges.


LAY, Circuit Judge.

This appeal follows from our earlier vacation of convictions because of lack of probable cause on the defendants' arrests and the search incident to those arrests.1 429 F.2d 1327 (8 Cir. 1970). We remanded the case to the district court for an additional hearing on probable cause. We did so rather than ordering a complete new trial since the evidence on the motion to suppress was incomplete...

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