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LAMPE v. UNITED STATES

No. 12551.

229 F.2d 43 (1956)

Virgil V. LAMPE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 19, 1956.

Attorney(s) appearing for the Case

Mr. Sidney S. Sachs, Washington, D. C. (appointed by the District Court), with whom Mr. Martin J. McNamara, Jr., Washington, D. C., (also appointed by the District Court) was on the brief, for appellant.

Mr. Fred L. McIntyre, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll and Edward O. Fennell, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and FAHY, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

Virgil V. Lampe and Woodrow W. O'Bryan were jointly indicted for second degree murder and were tried together. O'Bryan was acquitted by the jury but Lampe was convicted of the crime charged and brings this appeal. He requests reversal principally because of his theory that the trial judge erroneously received in evidence three statements made to the police by the victim of the homicide.

The crime was committed July 16, 1954...

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