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EAGLES v. UNITED STATES

No. 4671.

25 F.2d 546 (1928)

EAGLES et al. v. UNITED STATES.

Court of Appeals of District of Columbia.

Decided April 2, 1928.

Petitions for Rehearing Denied April 21, 1928.

Attorney(s) appearing for the Case

W. J. Lambert, R. H. Yeatman, and May T. Bigelow, all of Washington, D. C., for appellant Procter.

C. P. Grant, M. F. O'Donoghue, and R. R. Hilton, all of Washington, D. C., for appellant Moreno.

S. G. Lichtenberg and L. D. Tanenbaum, both of Washington, D. C., for appellant Eagles.

Peyton Gordon and J. J. O'Leary, both of Washington, D. C., for the United States.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

The appellants, Eagles, Moreno, and Procter, together with one John Falls McCabe, were indicted and tried upon a charge of murder in the first degree for the death of Police Officer Leo W. K. Busch. McCabe was acquitted by the verdict of the jury. The three appellants were convicted, and the death sentence was imposed upon them. They have brought this appeal.

The testimony discloses that on the night of September 25, 1926, McCabe came...

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