Donald Wayne Sumrall, Joe Jerrell Crocker and Raymond Claud Nabors v. United States

MURRAH, Chief Judge.

When this case was first before us, we reversed and remanded solely on the prejudicial effect of a reference to the appellants’ prior “records”. Sumrall et al. v. United States, 10 Cir., 360 F.2d 311. A retrial resulted in a second conviction on substantially the same proof, the sufficiency of which is not questioned. The issue presented here for the first time is the legality of the arrest and search of the appellants and their female companion and the admissibility of evidence obtained by those searches.

The unrebutted evidence pertinently reflects that in February, 1964,…