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LYLES v. UNITED STATES

No. 13467.

254 F.2d 725 (1957)

Archibald LYLES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 25, 1957.

Writ of Certiorari Denied May 19, 1958.

Attorney(s) appearing for the Case

Mr. Robert T. S. Colby, Washington, D. C. (appointed by this Court), for appellant.

Mr. Donald E. Bilger, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Thomas A. Flannery, Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold H. Greene, Asst. 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, sitting in banc.

Writ of Certiorari Denied May 19, 1958. See 78 S.Ct. 997.

PER CURIAM.

The judgment of the District Court is affirmed. Chief Judge Edgerton and Judges Bazelon, Fahy and Washington dissent.

Judges Prettyman and Burger file an opinion, prepared by them jointly. Four points are discussed, under separate headings I to IV. Chief Judge Edgerton and Judges Bazelon, Fahy and Washington agree with Point I of that opinion. They also agree with Point II, except...

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