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ROBINSON v. UNITED STATES

No. 5595.

278 A.2d 458 (1971)

Ernest Ollie ROBINSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 22, 1971.

Attorney(s) appearing for the Case

Sol Rosen, Washington, D. C., appointed by this court, for appellant.

James A. Adams, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Ann S. Du Ross, Asst. U. S. Attys., were on the brief, for appellee.

Before FICKLING, KERN and PAIR, Associate Judges.

KERN, Associate Judge:

Appellant was convicted by the trial court sitting without a jury of possession of heroin in violation of D.C.Code 1967, § 33-402, and sentenced to ninety days imprisonment.1 He contends on appeal that a search by police of his person was unlawful and that the narcotics recovered thereby should not have been received in evidence. We agree.

The police officer who made the seizure and was the Government...

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