UNITED STATES v. ERWIN

No. 74-2672.

507 F.2d 937 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. James W. ERWIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 10, 1975.


Attorney(s) appearing for the Case

Charles D. Butts, Fred A. Semaan, San Antonio, Tex., for defendant-appellant.

William S. Sessions, U. S. Atty., W. Ray Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.


DYER, Circuit Judge:

James Erwin was convicted for possessing an unregistered sawed-off shotgun. He challenges the conviction on two grounds: first, that the shotgun evidence should have been suppressed because both arrest and search were invalid, and second, that the evidence of possession was insufficient to sustain his conviction. We hold that the motion to suppress should have been granted because the search was invalid, and therefore find it unnecessary to consider...

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