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UNITED STATES v. THOMAS

No. 6758.

314 A.2d 464 (1974)

UNITED STATES, Appellant, v. James W. THOMAS and Walter L. Sutton, Appellees.

District of Columbia Court of Appeals.

Decided January 31, 1974.

Attorney(s) appearing for the Case

James W. Diehm, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Stuart M. Gerson, Asst. U. S. Attys., were on the brief, for appellant.

William Jordan Temple, Washington, D. C., appointed by this court for appellee Thomas, did not brief or argue the case.

Robert Case Liotta, Washington, D. C., appointed by this court, for appellee Sutton. His brief and oral argument were accepted on behalf of both appellees.

Before NEBEKER, PAIR, and HARRIS, Associate Judges.

HARRIS, Associate Judge:

Appellees were charged with carrying a pistol without a license (D.C.Code 1973, § 22-3204) and receiving stolen property (D.C.Code 1973, § 22-2205). A motion to suppress the gun as evidence was granted by the trial court; the government appeals pursuant to D.C.Code 1973, § 23-104(a). We conclude that the search and seizure were reasonable under Fourth Amendment standards, and reverse.

The only witnesses at the suppression...

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