UNITED STATES v. LINDSAY

No. 73-1691.

506 F.2d 166 (1974)

UNITED STATES of America v. James LINDSAY, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 7, 1974.


Attorney(s) appearing for the Case

Carleton A. Harkrader, Washington, D. C. (appointed by this Court) with whom was Thomas W. Brunner, Washington, D. C., for appellant.

Steven R. Schaars, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, John A. Terry and John E. Drury, III, Asst. U. S. Attys., were on the brief for appellee. Earl J. Silbert, U. S. Atty., also entered an appearance for appellee.

Before EDWARDS, Circuit Judge for the Sixth Circuit, and TAMM and WILKEY, Circuit Judges.


TAMM, Circuit Judge:

Appellant James Lindsay, Jr., seeks review of his conviction on one count of robbery (22 D.C.Code § 2901) arising out of an April 3, 1972 armed robbery of a McDonald's Restaurant. On appeal, he contends that the district court erred by (1) not suppressing certain evidence alleged to be the fruits of an unconstitutional police entry and (2) not directing a verdict of acquittal at the close of all the evidence. Finding that the police entry...

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