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KITCHEN v. UNITED STATES

No. 12229.

221 F.2d 832 (1955)

Lawrence E. KITCHEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1955.

Petition for Rehearing Denied February 3, 1955.

Attorney(s) appearing for the Case

Mr. Robert Martin, Washington, D. C. (appointed by this Court), for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Mr. Leo A. Rover, U. S. Atty., and Mr. Thomas A. Flannery, Asst. U. S. Atty., were on the brief, for appellee.

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

Petition for Rehearing In Banc Denied February 3, 1955.

PRETTYMAN, Circuit Judge.

Appellant Kitchen was indicted for perpetrating a robbery and for killing one Hysan in the course of perpetrating it. He was convicted of murder in the second degree.1 This appeal followed.

The principal point urged here concerns a question sought to be put to a Government witness by counsel for the defense. This witness, one Tyree, was the...

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