George P. Stack v. United States

ON PETITION FOR REHEARING.

PER CURIAM.

The petition for rehearing is denied. A petition for rehearing is not to *791be filed simply to reargue matters already argued, but is to correct demonstrable error or oversight, either by the court, or by counsel.

With respect to the contention sought to be made that the defendant did not press the issue of probable cause, every issue is raised in a criminal case unless the defendant waives it. DeCeceo v. United States, 1 Cir., 1964, 338 F.2d 797. It does not render evidence inadmissible simply because, having heard the evidence, the defendant decides not to press the matter. Petitioner’s point is particularly ill taken in the present case, as it should be noted that this co-defendant argued lack of probable cause even on appeal.