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UNITED STATES v. SPEED

No. 73-2035.

489 F.2d 478 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Robert SPEED and Henry Ray Rainer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 28, 1973.

Attorney(s) appearing for the Case

Fisher Alsup, Corpus Christi, Tex. (court-appointed), for Rainer.

Ronald D. Karchmer, Corpus Christi, Tex. (court-appointed), for Speed.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before RIVES, WISDOM and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Appellants Speed and Rainer were convicted in a jury trial in the United States District Court for the Southern District of Texas of possession of marihuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On appeal from these convictions, appellants argue that nine errors were made during their joint trial. Finding that the search which produced the marihuana introduced into evidence at the trial violated

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