Emburgh v. United States

CAYTON, Acting Judge.

At about 1:30 one morning two police officers in a scout car observed two men, later identified as appellant Emburgh and one Coleman, seated in a parked car on a dark street. As the scout car approached, appellant on the rear seat and Coleman in the front “appeared to duck down” to the left side of the automobile. Thereupon, one of the officers left the police car to investigate and shined his flashlight into the rear of the car. As the light fell on appellant, he arose from his crouched position, and the officer noticed a shiny object, which appeared to be a gun, falling…