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RIDER v. UNITED STATES

No. 22271.

355 F.2d 192 (1966)

John Henry RIDER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 19, 1966.

Attorney(s) appearing for the Case

Wesley R. Asinof, Atlanta, Ga., for appellant.

Bobby C. Milam, Asst. U. S. Atty., Thomas K. McWhorter, Asst. U. S. Atty., Atlanta, Ga., Charles L. Goodson, U. S. Atty., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.

PER CURIAM:

The only issue in this case is whether the Government Agent's affidavit, upon the basis of which a nighttime search warrant was issued, was — within the meaning of F.R.Crim.P. 41(c) — "positive that the property is on the person or in the place to be searched." Appellant contends that affiant's failure to specify when the observations to which he deposed1 were made, rendered the affidavit less than positive that...

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