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LEWIS v. UNITED STATES

No. 15613.

294 F.2d 209 (1961)

James N. LEWIS and Theodore Simms, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1961.

Petition for Rehearing Denied March 31, 1961.

Attorney(s) appearing for the Case

Mr. Alfred V. J. Prather, Washington, D. C. (appointed by this court), for appellants.

Miss Doris H. Spangenburg, 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.

Before EDGERTON, PRETTYMAN, and BASTIAN, Circuit Judges.

PRETTYMAN, Circuit Judge.

This is an appeal in forma pauperis from an order of the District Court denying a motion filed under Section 2255, Title 28, United States Code.

Appellants were indicted for rape, tried by a jury, and convicted of the lesser offense of assault with intent to commit rape. Both were represented upon the trial by court-appointed lawyers. No question is raised as to the experience or professional competence of those counsel. After...

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