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UNITED STATES v. KING

No. 74-1172 Summary Calendar.

493 F.2d 487 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. James Willis KING and Charles Higgins, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 2, 1974.

Attorney(s) appearing for the Case

John A. Brady, Jack Q. Neal, Fort Worth, Tex., for James Willis King.

Wm. R. Magnussen, Fort Worth, Tex. (Court-appointed), for Charles Higgins.

Frank McCown, U. S. Atty., W. E. Smith, Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

PER CURIAM:

Appellants King and Higgins were convicted of possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The first asserted error is that the heroin was discovered during a search incident to an illegal arrest and should therefore not have been admitted in evidence. Since the heroin was found in a search of King's person, there can be no doubt that, if the arrest itself was legal, the search was proper. United States v....

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