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UNITED STATES v. THOMAS

No. 24751.

459 F.2d 1172 (1972)

UNITED STATES of America v. Earl THOMAS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 1972.

As Amended March 13 and 20, 1972.

Attorney(s) appearing for the Case

Mr. Shellie F. Bowers, Washington, D. C. (appointed by this court) for appellant.

Mr. Barry W. Levine, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT and WILKEY, Circuit Judges, and A. SHERMAN CHRISTENSEN, U. S. Senior District Judge for the District of Utah.

PER CURIAM:

This appeal involves questions of the admissibility of evidence, asserted plain error in the giving, or the failure to give, certain instructions to the jury, the application or retroactivity of United States v. McClain, 142 U.S.App.D.C. 213, 440 F.2d 241 (1971), and a problem of merger of offenses.

A two-count indictment charged appellant with second degree murder, 22 D.C. Code § 2403,1...

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