WALTON v. UNITED STATES

Nos. 11393, 11394.

202 F.2d 18 (1953)

WALTON v. UNITED STATES (two cases).

United States Court of Appeals District of Columbia Circuit.

Decided January 15, 1953.


Attorney(s) appearing for the Case

Robert E. Walton, Jr., pro se, submitted on the brief for appellant.

Charles M. Irelan, U. S. Atty., Joseph M. Howard, Lewis A. Carroll and Grace B. Stiles, Asst. U. S. Attys., Washington, D. C., submitted on the brief for appellee. William E. Kirk, Jr., Asst. U. S. Atty., Washington, D. C., also entered his appearance in behalf of the appellee.

Before CLARK, WILBUR K. MILLER and WASHINGTON, Circuit Judges.


CLARK, Circuit Judge.

Appellant Walton and his co-defendant Kendall were tried and convicted on several counts of robbery, larceny, housebreaking, and forgery. Walton alone was also convicted of the theft of an automobile. When pronouncing sentence the court confused the identity of the defendants, and, in spite of the fact that Walton had been convicted of a greater number of offenses, sentenced him to only one to three years imprisonment, whereas Kendall was sentenced...

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