451 F2d 1026 United States v. Anderson

451 F.2d 1026

UNITED STATES of America, Plaintiff-Appellee,
v.
Charlie Marshall ANDERSON, Defendant-Appellant.

No. 30910.

United States Court of Appeals,
Fifth Circuit.

Dec. 28, 1971.

Clyde W. Woody, Marian S. Rosen, Houston, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., C. Leland Hamel, James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

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1

After careful consideration, the confession of error offered by the government in this matter is accepted.

2

The question presented as to the validity of the search may or may not arise on a subsequent trial. We pretermit decision as to that question, having in mind the need for development of the facts on the subsequent trial pertaining to a border search.

3

The other errors assigned have been considered and are without merit.

4

Affirmed in part; reversed in part; remanded for further proceedings not inconsistent herewith.

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