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UNITED STATES v. MOORE

No. 23798.

459 F.2d 1360 (1972)

UNITED STATES of America v. John MOORE, a/k/a George H. Green, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 1972.

Attorney(s) appearing for the Case

Mr. T. S. L. Perlman, Washington, D. C. (appointed by this Court) for appellant.

Mr. William H. Schweitzer, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Richard A. Hibey, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and LEVENTHAL, Circuit Judge, and GOURLEY, Senior District Judge for the Western District of Pennsylvania.

GOURLEY, Senior District Judge:

Appellant was convicted in trial by judge and jury of armed robbery, assault with a dangerous weapon, and carrying a dangerous weapon without a license in violation of 22 D.C.Code §§ 2901, 502, and 3204.

The facts are simple. An employee of a dairy store was robbed at gun point of approximately $51 in cash. The offender fled to a pre-arranged spot where an effort was made to escape in a blue Chrysler motor vehicle...

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