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MALLORY v. UNITED STATES

No. 14023.

259 F.2d 796 (1958)

Milton Leo MALLORY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 31, 1958.

Petition for Rehearing Denied April 24, 1958.

Attorney(s) appearing for the Case

Mr. E. Lewis Ferrell, Washington, D. C., with whom Mr. Thurman L. Dodson, Washington, D. C., was on the motion, for appellant.

Messrs. Lewis Carroll and E. Tillman Stirling, Asst. U. S. Attys., with whom Mr. Oliver Gasch, U. S. Atty., was on the answer, for appellee.

Mr. Thomas A. Flannery, Asst. U. S. Atty., entered an appearance for appellee.

Before PRETTYMAN, WILBUR K. MILLER, and BAZELON, Circuit Judges.

Petition for Rehearing In Banc Denied April 24, 1958.

PRETTYMAN, Circuit Judge.

Mallory was indicted, tried by jury, and convicted upon a charge of carnal knowledge of an eight-year-old girl. He was sentenced to serve two to seven years' imprisonment. He appealed and then filed a motion to remand to the District Court for consideration under Mallory v. United States.1 The matter is before us now on that motion.

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