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UNITED STATES v. CURRY

No. 365, Docket 29000.

358 F.2d 904 (1965)

UNITED STATES of America, Appellee, v. Peter Columbus CURRY, Jr., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 22, 1965.

As Modified on Rehearing April 11, 1966.

Attorney(s) appearing for the Case

Jerome C. Ditore, Asst. U. S. Atty., Eastern Dist. of New York (Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., on the brief), for appellee.

Walter R. Mansfield and Robert F. Morten, New York City (Peter W. Mitchell and Roger J. Hawke, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.

LUMBARD, Chief Judge:

Peter Columbus Curry's appeal from his conviction by a jury in the Eastern District of New York for bank robbery, in the course of which one of his fellow-robbers shot and killed a bank guard, and from his sentence to life imprisonment, raises four questions: (1) Whether it was error to allow the government to use, for the purpose of impeaching contrary testimony given by Curry in his own defense, Curry's statements made to FBI agents prior to...

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