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WILLIAMS v. UNITED STATES

Nos. 14185, 14186.

255 F.2d 896 (1958)

Thomas WILLIAMS, Appellant, v. UNITED STATES of America, Appellee. Lindsey McDANIEL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1958.

Attorney(s) appearing for the Case

Mr. Albert J. Ahern, Jr., Washington, D. C., with whom Mr. James J. Laughlin was on the brief, for appellants.

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

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

PER CURIAM.

The appellants, together with one Jackie J. Floyd, were indicted for common law murder, murder in perpetration of a felony, and robbery. Floyd has not been tried because of his mental condition. Appellants were tried only on the counts for murder in the perpetration of a felony, and for robbery, the count charging premeditated murder having been dismissed as to them. Two trials by jury resulted in mistrials, the first because the jury was unable to agree...

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