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GREEN v. UNITED STATES

No. 12809.

236 F.2d 708 (1956)

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

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1956.

Writ of Certiorari Granted November 19, 1956.

Attorney(s) appearing for the Case

Messrs. George Blow and George Rublee, II, Washington, D. C. (both appointed by this Court), with whom Mr. Charles E. Ford, Washington, D. C. (appointed by the District Court) was on the brief, for appellant.

Mr. Harold Greene, Asst. U. S. Atty., for appellee. Messrs. Leo A. Rover, U. S. Atty., at the time brief was filed, and Thomas A. Flannery and Lewis Carroll, 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.

Reargued before Court in Banc May 8, 1956.

Writ of Certiorari Granted November 19, 1956. See 77 S.Ct. 217.

WILBUR K. MILLER, Circuit Judge.

This case is here for the second time. On the first appeal Green's conviction of second degree murder under the second count of an indictment, which count charged murder in the first degree done in the perpetration of arson,1 was reversed. 1955, 95 U.S.App.D.C. 45, 218...

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