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BLACKSHEAR v. UNITED STATES

No. 14139.

252 F.2d 853 (1958)

Albert E. BLACKSHEAR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 20, 1958.

Petition for Rehearing Denied March 18, 1958.

Attorney(s) appearing for the Case

Mr. Dayton M. Harrington, Washington, D. C., with whom Mr. James D. Graham, Jr., Washington, D. C. (both appointed by this Court) was on the brief for appellant.

Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., for appellee. Mr. Oliver Gasch, U. S. Atty., and Messrs. Arthur J. McLaughlin, and Lewis Carroll, Asst. U. S. Attys., were on the brief for appellee.

Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.

Petition for Rehearing In Banc Denied March 18, 1958.

PER CURIAM.

Blackshear was convicted of robbery and assault with a deadly weapon. On appeal he argues that his arrest was illegal and that the decision of the Supreme Court in the Mallory case1 precluded the admission of certain statements which he made.

Since he did not raise the point below, and since the circumstances do...

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