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RETTIG v. UNITED STATES

No. 12697.

239 F.2d 916 (1956)

Katherine RETTIG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 26, 1956.

Attorney(s) appearing for the Case

Mr. Myer Koonin, Washington, D. C., for appellant. Mr. Harry S. Weidberg, Washington, D. C., also entered an appearance for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty. at the time brief was filed, Harold H. Titus, Jr., and Nathan J. Paulson, Asst. U. S. Attys., were on the brief, for appellee. Mr. Oliver Gasch, U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN, and BURGER, Circuit Judges, sitting in banc.

Argued in Banc May 8, 1956.

EDGERTON, Chief Judge, announced the judgment and division of the court as follows:

This conviction for second degree murder is reversed and the case is remanded to the District Court for a new trial on the ground that the trial court erred in refusing to exclude police testimony concerning appellant's alleged oral confessions that she stabbed her husband. Chief Judge EDGERTON and Circuit Judges PRETTYMAN, BAZELON, FAHY, WASHINGTON...

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