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IRBY v. UNITED STATES

No. 13610.

246 F.2d 706 (1957)

James M. IRBY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1957.

Petition for Rehearing Denied September 11, 1957.

Attorney(s) appearing for the Case

James M. Irby, appellant, filed a brief pro se, and his case was treated as submitted thereon.

Mr. Alfred Burka, Asst. U. S. Atty., submitted on the brief for appellee. Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll and E. Tillman Stirling, Asst. U. S. Attys., were on the brief for appellee. Mr. Donald E. Bilger, Asst. U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, FAHY and BURGER, Circuit Judges.

Petition for Rehearing In Banc Denied September 11, 1957.

PER CURIAM.

James M. Irby was indicted July 13, 1953, for murder in the first degree. Counsel was appointed for him July 20, 1953, and four days later he entered a plea of not guilty. October 8, 1953, still represented by the same appointed counsel, Irby withdraw his plea of not guilty and pleaded guilty to manslaughter. Thereupon the District Court sentenced him to imprisonment for a term of from 5...

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