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GALLOWAY v. UNITED STATES

No. 6951.

326 A.2d 803 (1974)

Charles H. GALLOWAY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 17, 1974.

Rehearing and Rehearing en Banc Denied December 12, 1974.

Attorney(s) appearing for the Case

Carol Garfiel Freeman, Washington, D. C., appointed by this court, for appellant.

William M. Brodsky, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and James M. Hanny, Asst. U. S. Attys., were on the brief, for appellee.

Before KERN, GALLAGHER and YEAGLEY, Associate Judges.

KERN, Associate Judge:

Appellant asks us to overturn his conviction for carrying a pistol without a license for which he was sentenced to pay a $100 fine or serve sixty days in jail upon the grounds that the police had (1) no probable cause to search and seize the gun from the auto he was driving on the night they stopped him and (2) no justification under the circumstances of this stop to seize the pistol from the auto as a protective "frisk" authorized by the Supreme...

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