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STEWART v. UNITED STATES

No. 14991.

275 F.2d 617 (1960)

Willie Lee STEWART, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 16, 1960.

Petition for Rehearing Denied March 30, 1960.

Attorney(s) appearing for the Case

Mr. Robert L. Ackerly, Washington, D. C. (appointed by the District Court), with whom Mr. Edward L. Carey, Washington, D. C. (also appointed by the District Court) and Mr. Walter E. Gillcrist, Washington, D. C., were on the brief, for appellant.

Mr. John D. Lane, 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.

BURGER, Circuit Judge, with whom PRETTYMAN, Chief Judge, and WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges, join.

Petition for Rehearing En Banc Denied March 30, 1960.

This case comes to us for the third time after three trials in the District Court before three different judges and three different juries, and after two earlier appeals to this court. This is the second review en banc by this court.1

In April 1953, Stewart was indicted for first degree murder and robbery of his alleged victim. The evidence of the robbery and killing...

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