JOHNSON v. UNITED STATES

No. 15343.

275 F.2d 898 (1960)

Bernard A. JOHNSON, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 10, 1960.


Attorney(s) appearing for the Case

Mr. William P. Bernton, Washington, D. C., (appointed by this court) for appellant.

Mr. Donald S. Smith, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before Mr. Justice BURTON, retired, and EDGERTON and BURGER, Circuit Judges.


BURGER, Circuit Judge.

We granted an appeal at government expense to review appellant's conviction for robbery under D.C.Code § 22-2901 (1951). A co-defendant, Calvin Johnson, did not appeal.

The evidence in the case is singular in several respects; first there were eye-witnesses who came on the scene as the assault on the victim was taking place; secondly the witnesses were police officers who immediately apprehended two of the three assailants, one...

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