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GREEN v. UNITED STATES

No. 12188.

218 F.2d 856 (1955)

Everett D. GREEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1955.

Attorney(s) appearing for the Case

Mr. George Blow (appointed by this court), Washington, D. C., for appellant.

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

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

WILBUR K. MILLER, Circuit Judge.

In the first count of an indictment, Everett Green was charged with arson.1 In the second, the grand jury alleged that the death of an elderly woman, Bettie Brown, resulted from the fire set by Green, and so accused him under § 22-2401, D.C.Code (1951),2 which defines the unpurposed killing of another in perpetrating arson as murder...

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