CARTER v. UNITED STATES

No. 12677.

223 F.2d 332 (1955)

Robert E. CARTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Petition for Rehearing Denied June 20, 1955.


Attorney(s) appearing for the Case

Mr. William J. Kelly, Washington, D. C., for appellant.

Mr. John D. Lane, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll and Arthur McLaughlin, Asst. U. S. Attys., were on the brief, for appellee.

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


WILBUR K. MILLER, Circuit Judge.

In the late afternoon of July 11, 1953, Robert E. Carter entered Irvin I. Kozak's dry-cleaning establishment at 1637 P Street, N. W., in the District of Columbia. He threatened Kozak with a pistol, pushed him into a closet, and struck him on the back of the head with the weapon. He then rifled the cash register. As the robber left through the front door, Kozak had raised himself to a sitting position and "came to," as he said, in ...

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