No. 13222.

252 F.2d 608 (1957)

Russell E. CARTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Judgment Entered December 20, 1956.

Opinion Filed October 24, 1957.

Petition for Rehearing Denied November 21, 1957.

Attorney(s) appearing for the Case

Mr. Bernard Margolius, Washington, D. C. (appointed by this Court), for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Messrs. Frederick G. Smithson and Donald E. Bilger, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, BAZELON and BURGER, Circuit Judges.

Petition for Rehearing In Banc Denied November 21, 1957.

PRETTYMAN, Circuit Judge.

Carter was indicted, tried, convicted, and sentenced to death for first-degree murder. We have heretofore, shortly after the oral argument in this court, ordered that the judgment of conviction be reversed and that Carter have a new trial.

At the time of the offense Carter was eighteen years of age. His alleged victim was a girl fifteen years old. The trial consumed...


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