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UNITED STATES v. THARPE

No. 75-1491.

536 F.2d 1098 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Donald THARPE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 1976.

Attorney(s) appearing for the Case

Jeremy J. Eskridge, Tupelo, Miss. (Court appointed), for defendant-appellant.

H. M. Ray, U. S. Atty., John R. Hailman, Asst. U. S. Atty., Oxford, Miss., for plaintiff-appellee.

Before BROWN, Chief Judge, GEWIN, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, MORGAN, CLARK, RONEY, GEE, TJOFLAT and HILL, Circuit Judges.

DYER, Circuit Judge:

Ralph Tharpe appealed his firearms conviction contending that a pat-down search which led to the discovery of a gun was unconstitutional, and that the gun should have been excluded as evidence by the district court. A panel majority of this Court reversed, finding that the search could not be justified under Terry v. Ohio, 1968, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889, since the officer who conducted the...

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