United States of America, Plaintiff-appellee, v. Charlie Marshall Anderson, Defendant-appellant, 451 F.2d 1026 (5th Cir. 1971)

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US Court of Appeals for the Fifth Circuit - 451 F.2d 1026 (5th Cir. 1971)

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.


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

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.

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

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