UNITED STATES v. WALLACE

No. 75-4009. Summary Calendar.

528 F.2d 543 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Ray WALLACE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 10, 1976.


Attorney(s) appearing for the Case

Alan Brown, San Antonio, Tex., for defendant-appellant.

John Clark, U.S. Atty., Jeremiah Handy, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.


PER CURIAM:

Billy Ray Wallace appeals from his conviction of possession of 34 grams of amphetamine sulfate with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). He contends on appeal that (1) the affidavit on which a search warrant was issued was insufficient to enable the magistrate to conclude that probable cause existed to search his premises, (2) the trial court committed error in considering evidence of oral testimony to supplement the affidavit...

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