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UNITED STATES v. KEARNEY

No. 22411.

420 F.2d 170 (1969)

UNITED STATES of America v. Lawrence KEARNEY, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided August 15, 1969.

Petition for Rehearing Denied September 11, 1969.

Attorney(s) appearing for the Case

Mr. Joseph Forer, Washington, D. C., with whom Mr. M. Michael Cramer, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. Roger E. Zuckerman, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty. at the time the brief was filed, Frank Q. Nebeker, Asst. U. S. Atty. at the time the brief was filed, and Victor W. Caputy, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

Appellant, indicted for first-degree murder and convicted of second-degree murder, protests numerous rulings. We have pondered this appeal carefully and conclude that the trial judge accorded a fair trial.

I. Trial Testimony — The facts as developed by Government witnesses established the following: At 10:30 p. m. of Thanksgiving Day, November 23, 1967, Officer Silvia of the District Police force was cruising in the...

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