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PEE v. UNITED STATES

Nos. 14425-14428.

274 F.2d 556 (1959)

Maxie Leroy PEE, Appellant, v. UNITED STATES of America, Appellee. James E. CURTIS, Appellant, v. UNITED STATES of America, Appellee. Leroy S. JOHNSON, Appellant, v. UNITED STATES of America, Appellee. Gordon A. MAGRUDER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 25, 1959.

Attorney(s) appearing for the Case

Mr. Lynn O. Coombs, Washington, D. C., with whom Mr. J. Leon Williams, Washington, D. C., was on the brief, for appellants.

Mr. Edgar T. Bellinger, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Mr. Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Mr. John E. Powell, Washington, D. C., (appointed by this court) filed a brief as amicus curiae, urging reversal.

Before PRETTYMAN, Chief Judge, and BAZELON and BURGER, Circuit Judges.

PRETTYMAN, Chief Judge.

These four appellants and one other were indicted in three counts for rape, robbery, and assault with a dangerous weapon, and appellant Johnson in an additional count for possession of a prohibited weapon. Three of appellants (Pee, Magruder and Johnson) were seventeen years of age or younger. Upon being arrested (two of these three on July 3, 1957, and the other one the next day) they were sent to the Receiving Home, maintained by the Board...

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