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WILLIAMS v. UNITED STATES

No. 13626.

250 F.2d 19 (1957)

Dallas O. WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 1, 1957.

Petition for Rehearing Denied November 22, 1957.

Attorney(s) appearing for the Case

Mr. Nestor S. Foley, Washington, D. C., (appointed by this Court) with whom Mr. George Rublee, II, Washington, D. C., was on the brief for appellant.

Mr. John D. Lane, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Thomas Flannery, Asst. U. S. Attys., were on the brief, for appellee. Mr. Milton Eisenberg, Asst. U. S. Atty., at the time record was filed, also entered an appearance for appellee.

Before BAZELON, FAHY and WASHINGTON, Circuit Judges.

Petition for Rehearing In Banc Denied November 22, 1957.

BAZELON, Circuit Judge.

Appellant, having waived jury trial, was convicted on May 4, 1956, of assault with a deadly weapon, on an indictment returned in November 1949 for a shooting on September 26, 1949. It was his fifth trial and third conviction for that offense. The case is here for the third time.

His first conviction was reversed when the Government confessed error. The second and third...

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