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BROWN v. UNITED STATES

No. 14389.

264 F.2d 363 (1959)

William BROWN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 5, 1959.

Attorney(s) appearing for the Case

Mr. Robert M. Scott, Washington, D. C. (appointed by this Court), for appellant.

Mr. John W. Warner, Jr., Asst. U. S. Atty., for appellee. Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Victor Caputy and Nathan J. Paulson, Asst. U. S. Attys., were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., entered an appearance for appellee.

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

PRETTYMAN, Chief Judge, announced the judgment and division of the court as follows:

The judgment of conviction is affirmed. Judges PRETTYMAN, WILBUR K. MILLER, DANAHER, BASTIAN and BURGER vote to affirm. Judges EDGERTON, BAZELON, FAHY and WASHINGTON vote to reverse and remand for a new trial. Judge MILLER files an opinion in which Judges PRETTYMAN, DANAHER and BASTIAN concur. Judge BURGER files an opinion in which he concurs in affirming the conviction. Judge WASHINGTON...

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