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BAILEY v. UNITED STATES

No. 17834.

328 F.2d 542 (1964)

Joseph W. BAILEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1964.

Petition for Rehearing Denied March 23, 1964.

Attorney(s) appearing for the Case

Mr. Richard P. Williams, Washington, D. C., with whom Messrs. Franklin M. Schultz and Charles F. Moore, Washington, D. C., (all appointed by this court) were on the brief, for appellant.

Mr. Robert D. Devlin, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Robert B. Norris, Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold J. Sullivan, Asst. U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, BASTIAN and J. SKELLY WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied March 23, 1964.

WILBUR K. MILLER, Circuit Judge.

Between 11:00 p. m. and midnight on Friday, July 27, 1962, Joseph W. Bailey shot and killed Reginald Harvey, a brother of his common law wife. On August 20, 1962, he was indicted for manslaughter and on March 5, 1963, he was found guilty by a jury. On this appeal, Bailey contends that a typed statement he gave the police was erroneously received in evidence, that his acquittal...

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