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RIGSBEE v. UNITED STATES

No. 11449.

204 F.2d 70 (1953)

RIGSBEE v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1953.

Attorney(s) appearing for the Case

Mr. James J. Laughlin, Washington, D. D., with whom Mr. Albert J. Ahern, Jr., Washington, D. C., was on the brief, for appellant.

Mr. William B. Bryant, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Charles M. Irelan, U. S. Atty., Washington, D. C., at the time of argument, John D. Lane and William R. Glendon, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Mr. Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., at the time the record was filed, also entered an appearance for appellee.

Before EDGERTON, WILBUR K. MILLER and BAZELON, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

James A. Rigsbee was convicted of murdering one man and assaulting another with a deadly weapon and was imprisoned. On appeal, when the government confessed error, this court reversed because the jury's verdict apparently had not been unanimous, and remanded. At the second trial, the jury found Rigsbee not guilty under both counts of the indictment. He then decided to take advantage of 28 U...

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