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UNITED STATES v. CARDEN

No. 75-3225.

529 F.2d 443 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Roy Eugene CARDEN, Winfred Eugene Carden, and Robert Lee Carden, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 21, 1976.

Attorney(s) appearing for the Case

Mark B. Polson, Birmingham, Ala. (Court-appointed), for defendants-appellants.

Wayman G. Sherrer, U. S. Atty., George C. Batcheler, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before BROWN, Chief Judge, and THORNBERRY, Circuit Judge, and MILLER, Associate Judge.

THORNBERRY, Circuit Judge:

On the night of December 10, 1974, the Enlisted Men's-Enlisted Women's Club at Fort McClellan in Alabama was burglarized. Several coin machines were broken into and two bottles of brandy were taken. As a result of an encounter later that night with a private security guard and local police in the nearby town of Anniston, the Carden brothers—Roy, Winfred, and Robert—were arrested and searched. The evidence that was discovered...

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