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HOWELL v. UNITED STATES

No. 80-963.

434 A.2d 413 (1981)

Marquis HOWELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 4, 1981.

Rehearing Denied October 8, 1981.

Attorney(s) appearing for the Case

Bradley S. Stetler, Arlington, Va., appointed by this court, for appellant.

Charles F. C. Ruff, U.S. Atty., Washington, D. C., with whom John A. Terry, Michael W. Farrell and J. Edward Agee, Asst. U.S. Atty., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and KERN and NEBEKER, Associate Judges.

KERN, Associate Judge:

The trial court convicted appellant of possession of marijuana, D.C. Code 1973, § 33-402, upon stipulated facts after an evidentiary hearing at which it denied his pretrial motion to suppress marijuana seized at the time of the arrest.

The court heard testimony at the suppression hearing from a police officer that he had been making observations through binoculars from an unmarked car (Record at 6), "on suspected narcotic dealings...

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