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HAWKINS v. UNITED STATES

No. 7341.

319 A.2d 328 (1974)

Vincent S. HAWKINS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 9, 1974.

Attorney(s) appearing for the Case

Alan B. Soschin, Washington, D. C., appointed by this court, for appellant.

David R. Addis, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and James E. Joyner, Asst. U. S. Attys., were on the brief, for appellee.

Before FICKLING and NEBEKER, Associate Judges, and PAIR, Associate Judge, Retired.

NEBEKER, Associate Judge:

Having been convicted of possession of marijuana (D.C.Code 1973, § 33-402), appellant asserts as unlawful the entry by police into his home. They were executing an arrest warrant for appellant's brother who was charged with armed robbery. When the police arrived at about 8:00 a. m. in search of the brother, who also lived in the home, appellant asserted that his brother was not at home but at school. The police then entered and, while...

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