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EDMONDS v. UNITED STATES

No. 14004.

260 F.2d 474 (1958)

Jim B. EDMONDS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 15, 1958.

Attorney(s) appearing for the Case

Mr. Edward J. Skeens, Washington, D. C., with whom Mr. Leo Michael Linehan, Washington, D. C., was on the brief, for appellant. Mr. Carl J. Morano, Washington, D. C., also entered an appearance for appellant.

Mr. Fred L. McIntyre, Asst. U. S. Atty., for appellee. Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Alexander L. Stevas, Asst. U. S. Attys., were on the brief for appellee.

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting in banc.

PER CURIAM.

The judgment of conviction is reversed and the case is remanded for a new trial. Circuit Judge Bazelon, with whom Chief Judge Edgerton and Circuit Judges Fahy and Washington concur, files an opinion in support of the judgment of reversal. Circuit Judges Prettyman and Burger concur in the result. Circuit Judge Wilbur K. Miller, with whom Circuit Judges Danaher and Bastian join, files an opinion dissenting from the judgment of reversal.

BAZELON,...

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