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KITCHEN v. UNITED STATES

No. 11371.

205 F.2d 720 (1953)

KITCHEN v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided June 26, 1953.

Attorney(s) appearing for the Case

James J. Laughlin and Albert J. Ahern, Jr., Washington, D. C., for appellant.

William R. Glendon, Asst. U. S. Atty., at time of argument, Washington, D. C., with whom Leo A. Rover, U. S. Atty., Washington, D. C., was on the brief, for appellee. Charles M. Irelan, U. S. Atty., Joseph M. Howard and William E. Kirk, Jr., Asst. U. S. Attys., at time record was filed, Washington, D. C., also entered appearances for appellee.

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

EDGERTON, Circuit Judge.

This appeal is from a conviction of first degree murder. The indictment charged that the defendant mortally wounded one Hysan in robbing him of his clothes. Hysan died shortly after he was found unconscious, nearly naked, and badly beaten, locked in appellant's hotel room. Some of Hysan's clothes were afterwards seen in appellant's possession, and there was other evidence against him.

"Although the indictment charged murder in the...

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