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TRILLING v. UNITED STATES

Nos. 13069, 13165, 13212.

260 F.2d 677 (1958)

John E. TRILLING, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 17, 1958.

Dissenting Opinion as amended December 11, 1958.

Attorney(s) appearing for the Case

Mr. John Idomir, Washington, D. C., for appellant.

Mr. E. Tillman Stirling, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., and Forbes W. Blair, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee. Messrs. Harold D. Rhynedance, Jr., and Joel D. Blackwell, Asst. U. S. Attys., entered appearances for appellee. Mr. Richard J. Snider, Asst. U. S. Atty., also entered an appearance in No. 13165 for appellee. Mr. Milton Eisenberg, Asst. U. S. Atty., also entered an appearance in No. 13212 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.

These appeals were heard together. In regard to Count 3 in No. 13069, a majority of the court are of opinion there was no error. In regard to the other counts of No. 13069, and in each of the other cases, a majority of the court are of opinion there was prejudicial error in admitting in evidence certain statements the police obtained from appellant. The conviction on Count 3 is affirmed. The other convictions are reversed.*

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