UNITED STATES v. ROBINSON

No. 80-7007.

650 F.2d 537 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne ROBINSON, a/k/a Eddie Davis, a/k/a Percy Jones, a/k/a Percy Maurice Jones, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

On Petition for Rehearing July 16, 1981.


Attorney(s) appearing for the Case

Peter F. Burns, (Court appointed), Mobile, Ala., for defendant-appellant.

W. A. Kimbrough, Jr., U. S. Atty., E. T. Rolison, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before THOMAS A. CLARK and KRAVITCH, Circuit Judges, and LYNNE, District Judge.


LYNNE, District Judge:

The clean cut question presented by this appeal is whether the district court erred in overruling appellant's motion to suppress evidence obtained as an incident to his arrest. We hold that it did and reverse.

Certain dispositive facts were developed by the evidence adduced upon the hearing conducted by the court out of the presence of the jury. For the purpose of this opinion they may be severely...

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