John L. Worthy v. United States

FAHY, Senior Circuit Judge:

In the early hours of October 21, 1965, before daylight, appellant was arrested without a warrant for vagrancy. Upon being searched incidental to the arrest a bottle of 53 capsules was found in one of his coat pockets. The arresting officers suspected that the capsules contained heroin, which proved to be the case. Later that day one of the officers swore out' a complaint against appellant for the offense of vagrancy, and the other officer signed a complaint charging appellant with possession of heroin not in the original stamped package and without the appropriate…