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WAYNE v. UNITED STATES

No. 16709.

318 F.2d 205 (1963)

Lewis L. WAYNE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 4, 1963.

Petition for Rehearing Denied May 1, 1963.

Attorney(s) appearing for the Case

Mr. Henry Lincoln Johnson, Jr., Washington, D. C., with whom Mr. Curtis P. Mitchell, Washington, D. C., was on the brief, for appellant.

Mr. Barry I. Fredericks, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker, Asst. U. S. Atty., and Arthur J. McLaughlin, Asst. U. S. Atty., at the time the record was filed, were on the brief, for appellee. Messrs. Nathan J. Paulson and John R. Schmertz, Jr., Asst. U. S. Attys., at the time the record was filed, also entered appearances for appellee.

Before EDGERTON, WASHINGTON and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc May 1, 1963.

BURGER, Circuit Judge.

Appellant was indicted on two counts, the first for an attempted abortion terminating in death, and the second for attempted abortion. Tried before a jury, he presented no evidence and was found guilty on only the second count. He was sentenced to imprisonment for a period of 2 to 6 years. The District Judge excluded as evidence certain medications claimed to be means of inducing...

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