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STEWART v. UNITED STATES

No. 12944.

247 F.2d 42 (1957)

Willie Lee STEWART, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 18, 1957.

Attorney(s) appearing for the Case

Mr. John Alvin Croghan, Alexandria, Va. (appointed by the District Court) and Mr. Henry Carter, Washington, D. C., for appellant.

Mr. John D. Lane, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty. at the time brief was filed, Oliver Gasch, U. S. Atty., Lewis Carroll, and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellee.

Messrs. Abraham Krash and William Lawrence McGovern, Washington, D. C., (both appointed by this Court as amici curiae) filed a brief urging reversal.

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

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

This conviction for first degree murder is reversed and the case is remanded to the District Court for a new trial. Judges Edgerton, Bazelon, Fahy, Washington and Burger vote for reversal. Judges Prettyman, Wilbur K. Miller, Danaher and Bastian vote for affirmance. Judge Bazelon files an opinion in which Judges Edgerton, Fahy and Washington concur, and in Part I of which Judges Prettyman...

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