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YOUNG v. UNITED STATES

No. 16018.

288 F.2d 398 (1961)

Samuel E. YOUNG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 16, 1961.

Attorney(s) appearing for the Case

Mr. Forbes W. Blair, 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. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellee.

Before PHILLIPS, Senior United States Circuit Judge for the Tenth Circuit, and BAZELON and WASHINGTON, Circuit Judges.

PHILLIPS, Circuit Judge.

In count one of a four-count indictment, Young and one Francis M. Thompson were charged with an assault on Eugene A. Duvall "with intent to commit the crime of robbery." In count two they were charged with "an assault on Eugene A. Duvall with a dangerous weapon, that is, a knife." Counts three and four charged offenses by Thompson only and are not here material. Count one did not name or identify the person or persons intended to be robbed...

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